› where application for Safe Haven Enterprise Visa refused by Immigration Assessment Authority (IAA) on fast track review
› whether IAA erred in failing to consider the exercise of, or in failing to exercise, the discretion in s 473DC of the Migration Act to get further information
Practice and Procedure
› where leave granted to file the Further Amended Notice of Appeal
› where sole ground of appeal raises new issues not raised before the primary judge
› consideration of principles governing circumstances where a new issue is sought to be raised on appeal
› where the new ground does not raise any arguable jurisdictional error
› leave to rely upon the new ground refused
› appeal dismissed
Case Details
Citation[2023] FCA 944
CourtFCA
JurisdictionCommonwealth
Decision Date11 August 2023
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