Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176 Appeal from: BLX16 v Minister for Immigration & Anor [2019] FCCA 405
File number: VID 231 of 2019
Judges: MOSHINSKY, STEWARD AND WHEELAHAN JJ
Date of judgment: 17 October 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – protection claim – International Treaties Obligations Assessment – where appellant sought to rely on two new grounds that were not relied upon in the Federal Circuit Court – whether leave should be granted to the appellant to rely on the new grounds – whether the assessor denied the appellant procedural fairness by failing to deal with a claim – whether the assessor denied the appellant procedural fairness by failing to put certain country information
Legislation: Migration Act 1958 (Cth), ss 5, 36, 46 Migration Amendment (Complementary Protection) Act 2011 (Cth)
Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs (2014) 220 FCR 202 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Border Protection v SZMTA (2019) 363 ALR 599 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Summersford v Commissioner of Police (2018) 97 NSWLR 831 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220 SZQUR v Minister for Immigration and Citizenship [2012] FMCA 290 SZQUR v Minister for Immigration and Citizenship [2012] FCA 906 VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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