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FDT20 v Minister for Home Affairs [2021] FCA 1484

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MIGRATION - appeal from decision of Federal Circuit Court to refuse writ of habeas corpus and mandamus -application for leave to amend notice of appeal to run a ground not permitted to be run below - where proposed amended notice of appeal provided two days before hearing - no sufficient explanation for delay - where respondents contend new ground could have been met by evidence below - where appellant is an unauthorised maritime arrival in Australia for a temporary purpose - whether arguable case that non-refoulement assessment must be conducted before taking appellant to a regional processing country pursuant to s 198AD of the Migration Act 1958 (Cth) - held: leave to amend refused and appeal dismissed

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