Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Teuila v Minister for Immigration and Citizenship [2012] FCAFC 171 Citation: Teuila v Minister for Immigration and Citizenship [2012] FCAFC 171
Appeal from: Teuila v Minister for Immigration and Citizenship [2012] FCA 1056
Parties: MALE TAMMY TEUILA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 1505 of 2012
Judges: EDMONDS, FLICK AND MCKERRACHER JJ
Date of judgment: 28 November 2012
Catchwords: ADMINISTRATIVE LAW – grounds of review – procedural fairness – hearing rule – obligation to advise affected person of relevant considerations – extent to which unrepresented persons must be put on notice PRACTICE AND PROCEDURE – appeals – conduct of appeal – arguments not canvassed before primary Judge – requirement to obtain leave – relevance of fact that argument requires no further evidence and can be run based on the material already before the court – relevance of expediency
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 39 Migration Act 1958 (Cth) ss 499, 501 Direction [no.41]–Visa refusal and cancellation under s501
Cases cited: Daw v Minister for Immigration & Citizenship [2012] FCA 705, cited De Simone v Federal Commissioner of Taxation [2009] FCAFC 181, 51 AAR 161, cited Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609, 49 AAR 77, cited Kenso Marketing (M) SDN BHD v Chief Executive Officer of Customs [2011] FCAFC 26, cited Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36, 290 ALR 750, applied SBBS v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 361, 194 ALR 749, applied Secretary, Department of Family and Community Services v Verney [2000] FCA 570, 60 ALD 737, cited Sullivan v Department of Transport (1978) 20 ALR 323, considered Teuila and Minister for Immigration and Citizenship; Re [2012] AATA 351, affirmed Teuila v Minister for Immigration and Citizenship [2012] FCA 1056, affirmed VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, applied
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