Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nigam v Minister for Immigration and Border Protection [2017] FCAFC 127 Appeal from: Nigam v Minister for Immigration and Border Protection [2017] FCA 106
File number: NSD 324 of 2017
Judges: SIOPIS, GRIFFITHS AND CHARLESWORTH JJ
Date of judgment: 16 August 2017
Catchwords: MIGRATION – appeal from a single judge of the Federal Court of Australia – whether the Court erred in failing to find that the Administrative Appeals Tribunal committed jurisdictional error by not lawfully considering the best interests of the appellant's daughter – whether the Court erred in failing to find the Tribunal acted in breach of the rules of procedural fairness – appeal dismissed with costs PRACTICE AND PROCEDURE – application to amend notice of appeal to raise grounds not run below – application refused
Legislation: Family Law Act 1975 (Cth), s 60 Migration Act 1958 (Cth), ss 474, 499, 500, 501
Cases cited: Bondelmonte v Bondelmonte [2017] HCA 8, (2017) 91 ALJR 402 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Craig v South Australia (1995) 184 CLR 163 Gomez v Minister for Immigration and Multicultural Affairs [2002] FCAFC 105, (2002) 190 ALR 543 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16, (2014) 309 ALR 67 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Nigam v Minister for Immigration and Border Protection [2017] FCA 106 Paerau v Minister for Immigration and Border Protection (2014) 219 FCR 504 Re the Minister for Immigration and Multicultural Affairs of the Commonwealth of Australia; Ex parte Durairajasingham [2000] HCA 1, (2000) 168 ALR 407 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 Teoh v Minister of State for Immigration and Ethnic Affairs (1994) 49 FCR 409 Uelese v Minister for Immigration (2015) 256 CLR 203 University of Wollongong v Metwally (No 2) [1985] HCA 28, (1985) 60 ALR 68 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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