Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ZMBZ v Minister for Home Affairs [2019] FCAFC 195 Appeal from: ZMBZ v Minister for Home Affairs [2019] FCA 455
File number: NSD 648 of 2019
Judges: PERRAM, STEWART AND ABRAHAM JJ
Date of judgment: 11 November 2019
Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – protection visa refused under s 501 of the Migration Act (Cth) – whether jurisdictional error by Tribunal in failing to take into account appellant's ethnicity and religion when considering impediments appellant may face if removed to Myanmar – whether argument advanced, or, if advanced, abandoned before the Tribunal – argument was advanced and not abandoned – result might have been different – appeal allowed MIGRATION – leave sought to present new ground of appeal – whether sufficient prospects of success – leave refused
Legislation: Migration Act 1958 (Cth) ss 5H(1), 5J, 36(2), 499(1), 501
Cases cited: Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 359 ALR 1
Date of hearing: 6 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 57
Counsel for the Appellant: HPT Bevan and K Hooper
Solicitor for the Appellant: HIV/AIDS Legal Centre
Counsel for the First Respondent: BD Kaplan
Solicitor for the First Respondent: Australian Government Solicitor
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