Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103 Appeal from: AYX17 v Minister for Immigration & Anor [2017] FCCA 2233
File number: VID 1073 of 2017
Judges: TRACEY, MORTIMER AND CHARLESWORTH JJ
Date of judgment: 29 June 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – appellant sought to call two witnesses to give oral evidence by telephone before the Tribunal – whether Tribunal failed to give real and genuine consideration to the appellant's request – whether Tribunal's exercise of power in refusing the appellant's request was legally unreasonable – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 424, 425, 425A, 426, 427, 428, 429, 429A, 430
Cases cited: BTF15 v Minister for Immigration and Border Protection [2016] FCA 647; 69 AAR 376 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Kelly v Australian Postal Corporation [2015] FCA 1064; 67 AAR 359 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v MZAIV [2016] FCA 251 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Ethnic Affairs v Teoh [1995] HCA 20; 183 CLR 273 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin [2005] FCAFC 118; 88 ALD 304 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZVBB v Minister for Immigration and Border Protection [2015] FCA 1414 VJAF v Minister for Immigration & Multicultural and Indigenous Affairs [2005] FCAFC 178 W360/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 211; 124 FCR 449
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