Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73 Appeal from: Murad v Assistant Minister for Immigration and Border Protection [2016] FCA 876
File number: NSD 1446 of 2016
Judges: GRIFFITHS, MORTIMER AND PERRY JJ
Date of judgment: 11 May 2017
Catchwords: MIGRATION – whether primary judge erred in rejecting appellant's complaints of procedural unfairness and jurisdictional error relating to Minister's consideration of the best interests of the appellant's children as a primary consideration – formal challenge to correctness of Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 PRACTICE AND PROCEDURE – interlocutory application for leave to amend notice of appeal – whether appellant should have leave to raise a new ground not run below Held: appeal dismissed with costs
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth) ss 189, 192, 196, 198, 501 United Nations Convention on the Rights of the Child. Opened for signature 20 November 1989. 1577 UNTS 3 (entered into force 2 September 1990), art 3
Cases cited: Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 ALZ15 v Minister for Immigration and Border Protection [2017] FCA 279 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Cubillo v Commonwealth [2001] FCA 1213; 112 FCR 455 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Lesianawai v Minister for Immigration and Citizenship [2012] FCA 897; 131 ALD 27 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Ethnic Affairs v Ah Hin Teoh [1995] HCA 20; 183 CLR 273 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Murad v Assistant Minister for Immigration and Border Protection [2016] FCA 876 Nweke v Minister for Immigration and Citizenship [2012] FCA 266; 126 ALD 501 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; 198 ALR 59 SHDB v Goodwin [2003] FCA 300 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588 Wan v Minister for Immigration and Multicultural Affairs [2001] FCA 568; 107 FCR 133
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