ACX15 v Minister for Immigration and Border Protection

The applicant, ACX15, sought to re-open an appeal before Refshauge J of the Supreme Court of New South Wales. The core of the dispute concerned the Minister for Immigration and Border Protection's decision regarding ACX15's immigration status. ACX15 wished to adduce further evidence that was not presented to the Court during the original appeal hearing.

The primary legal issue before the Court was whether it should exercise its discretion to re-open the appeal to permit the introduction of this new evidence. This involved considering the principles governing the re-opening of appeals, particularly in light of potential arguments of *Metwally* discretion, *Anshun* estoppel, and *res judicata*. The Court had to determine if the circumstances warranted departing from the finality of its previous decision.

Refshauge J determined that the application to re-open the appeal should be listed for hearing. The Court's reasoning, as indicated by the orders made, was to allow the matter to proceed to a formal hearing to consider the application for re-opening and the adducing of further evidence. The matter was then adjourned for further directions, indicating that the Court had not yet made a final determination on whether to re-open the appeal or admit the new evidence, but rather that the application itself would be heard. The orders suggest that the application would be referred to the three judges who constituted the Court of Appeal for the original hearing.