CHZ19 v Minister for Home Affairs

• Jurisdiction: Australia Federal only
• Judge: COLVIN J
• Judgment Date: 17 June 2019
• Neutral Citation: [2019] FCA 914
• Date: 17 June 2019
• Court: Federal Court

FEDERAL COURT OF AUSTRALIA

CHZ19 v Minister for Home Affairs [2019] FCA 914

File number:	WAD 606 of 2018
Judge:	COLVIN J
Date of judgment:	17 June 2019
Catchwords:	MIGRATION - interlocutory applications prior to hearing of appeal - where Tribunal found the appellant did not satisfy Public Interest Criterion 4020 in Schedule 4 to the Migration Regulations 1994 (Cth) as there was evidence he had given information that was false or misleading in a material particular - where certificates issued under s 375A and s 376 of the Migration Act 1958 (Cth) - where amended grounds alleged a breach of procedural fairness by failure to disclose a particular document - where amended grounds alleged that the Tribunal unreasonably failed to exercise powers to obtain relevant information or evidence - where amended grounds alleged a constructive failure to exercise jurisdiction, actual and apprehended bias on the part of the Tribunal - whether grounds had arguable merit ; PRACTICE AND PROCEDURE - application for leave to amend grounds of appeal - whether expedient and in the interests of justice for leave to be given to raise new grounds - where certain grounds raised issues not raised before the primary judge - where no explanation advanced as to why these grounds were not raised before the primary judge - where certain grounds would invite the Court to undertake a detailed consideration of evidence before the Tribunal - where certain grounds lacked merit - leave to amend granted in relation to certain limited grounds only ; PRACTICE AND PROCEDURE - application for disclosure - where Minister claimed public interest immunity over certain documents - where the majority of documents sought to be disclosed did not have material relevance to any grounds allowed to be raised - disclosure of those documents refused - application for disclosure of remaining category of documents and corresponding claim for immunity to be determined at the hearing of the appeal ; PRACTICE AND PROCEDURE - application to adduce further evidence - where evidence sought to be adduced was claimed to be relevant to proposed amended grounds which were not allowed to be raised - where majority of evidence sought to be adduced related to primary judge's refusal of adjournment - where amended grounds did not raise the refusal of adjournment - where Minister conceded certain materials covered should be adduced - application refused save for those conceded materials
Legislation:	Administrative Appeals Tribunal Act 1975 (Cth) s 44 Family Law Act 1975 (Cth) s 121 Migration Act 1958 (Cth) ss 358, 361, 375A, 376, 438, Division 5, Part 5 Migration Regulations 1994 (Cth) reg 1.15A, Schedule 4
Cases cited:	AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; (2015) 231 FCR 452 Ahmed v Minister for Immigration and Multicultural Affairs [2001] FCA 506 ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; (2005) 225 CLR 88 CFB18 v Reader Lawyers & Mediators [2018] FCA 611 Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 Han v Minister for Home Affairs [2019] FCA 331 Hinchcliffe v Commissioner of Police of the Australian Federal Police [2001] FCA 1747; (2001) 118 FCR 308 Hot Holdings Pty Ltd v Creasy [2002] HCA 51; (2002) 210 CLR 438 Isbester v Knox City Council [2015] HCA 20; (2015) 255 CLR 135 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Kaur v Minister for Immigration and Border Protection [2017] FCAFC 184; (2017) 256 FCR 235 Minister for Immigration & Multicultural & Indigenous Affairs v Maltsin [2005] FCAFC 118 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183; (2016) 244 FCR 305 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v Le [2007] FCA 1318; (2007) 164 FCR 151 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; (2016) 243 FCR 1 MZZGB v Minister for Immigration and Border Protection [2014] FCA 1052 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310 Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 46; (1985) 6 FCR 155 Singh v Minister for Immigration and Border Protection [2017] FCA 1285 Sobey v Nicol and Davies, in the Matter of Guiseppe Antonio Mercorella [2007] FCAFC 136 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 SZITH v Minister for Immigration and Citizenship [2008] FCA 1866 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZKOB v Minister for Immigration and Citizenship [2007] FCA 1949 SZRUI v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCAFC 80 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Tsvetnenko v United States of America [2019] FCAFC 74 University of Wollongong v Metwally (No 2) [1985] HCA 28 Verma v Minister for Immigration and Border Protection [2018] FCAFC 87 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 Zheng v Cai [2009] HCA 52; (2009) 239 CLR 446
Date of hearing:	7 June 2019
Registry:	Western Australia
Division:	General Division
National Practice Area:	Administrative and Constitutional Law and Human Rights
Category:	Catchwords
Number of paragraphs:	147
Counsel for the Appellant:	Mr B Nugawela with Mr K Wong
Solicitor for the Appellant:	Soul Legal
Counsel for the First Respondent:	Ms SJ Oliver with Mr T Lettenmeier
Solicitor for the First Respondent:	Sparke Helmore Lawyers
Counsel for the Second Respondent:	The Second Respondent filed a submitting notice save as to costs

ORDERS

		WAD 606 of 2018
BETWEEN:	CHZ19 Appellant
AND:	MINISTER FOR HOME AFFAIRS First Respondent ; ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE:	COLVIN J
DATE OF ORDER:	...