Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CRU18 v Minister for Home Affairs [2020] FCAFC 129 Appeal from: CRU18 v Minister for Home Affairs & Anor [2019] FCCA 2394
File number: VID 1033 of 2019
Judges: WIGNEY, JACKSON AND SNADEN JJ
Date of judgment: 31 July 2020
Catchwords: MIGRATION – protection visa – appeal from decision of the Federal Circuit Court of Australia (the "FCCA") – application for judicial review of a decision of the Immigration Assessment Authority ("IAA") – decision of the first respondent refusing application for a protection visa – whether the IAA decision was a product of jurisdictional error – whether alleged error of fact made by the IAA sufficiently material to constitute jurisdictional error – appeal dismissed PRACTICE AND PROCEDURE – whether leave ought to be granted to advance ground of appeal not advanced before the FCCA – whether explanation for failing to advance additional ground before the FCCA persuasive – whether the proposed appeal ground has sufficient merit – leave refused
Legislation: Migration Act 1958 (Cth) pt 7AA; ss 5AA, 5H, 5J and 36
Cases cited: AJZ17 v Minister for Home Affairs [2019] FCA 1485 Applicant A v Minister for Immigration (1997) 190 CLR 225 BNH16 v Minister for Immigration and Border Protection [2017] FCAFC 109 Chen Shi Hai v Minister for Immigration (2000) 201 CLR 293 CKC16 v Minister for Immigration and Border Protection [2018] FCA 1260 CQG15 v Minister for Immigration (2016) 253 FCR 496 CRU18 v Minister for Home Affairs & Anor [2019] FCCA 2394 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 DYS16 v Minister for Immigration and Border Protection (2018) 260 FCR 260 Hossain v Minster for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration v Applicant Z (2001) 116 FCR 36 Minister for Immigration v VFAY [2003] FCAFC 191 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NACM of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1554 NADR v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 167 Perampalam v Minister for Immigration (1999) 84 FCR 274 Ram v Minister for Immigration (1995) 57 FCR 565 Re Minister for Immigration and Multicultural Affairs; ex parte Cohen (2001) 75 ALJR 542 Singh v Minister for Home Affairs [2020] FCAFC 7 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145 SZTEQ v Minister for Immigration (2015) 229 FCR 497
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