BLX16 v Minister for Immigration and Border Protection

In this matter, BLX16, the appellant, sought to appeal the decision of the Minister for Immigration and Border Protection. The Federal Court was required to determine whether leave should be granted to the appellant to rely on two new grounds that were not relied upon in the Federal Circuit Court. The Court also needed to decide whether the assessor denied the appellant procedural fairness by failing to deal with a claim and whether the assessor denied the appellant procedural fairness by failing to put certain country information. The Court granted the appellant leave to rely on the two grounds set out in his amended notice of appeal, but rejected both grounds. The Court concluded that the appeal should be dismissed.

The Court found that the appellant had not demonstrated that there were exceptional circumstances warranting the grant of leave to rely on the two new grounds. The Court held that the grounds were not arguable and did not have a reasonable prospect of success. The Court also found that the appellant had not been denied procedural fairness by the assessor. The Court held that the assessor had considered all relevant material and had not failed to deal with a claim or to put certain country information. The Court concluded that the appeal was to be dismissed and that the appellant should pay the Minister’s costs of the appeal, to be fixed by way of a lump sum.