Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aurpeerapatthana v Minister for Immigration and Citizenship [2011] FCA 887 Citation: Aurpeerapatthana v Minister for Immigration and Citizenship [2011] FCA 887
Appeal from: Aurpeerapatthana v Minister for Immigration & Anor [2011] FMCA 222
Parties: NATTHAWAT AURPEERAPATTHANA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
File number: VID 328 of 2011
Judge: JESSUP J
Date of judgment: 5 August 2011
Catchwords: PRACTICE AND PROCEDURE – Where new grounds sought to be raised on appeal not argued before Federal Magistrate – If party entitled to raise issues for the first time on appeal, whether the appeal court would become de facto the primary court – Whether enough that respondent would not suffer prejudice – Whether in the interests of justice to allow grounds of appeal not advanced below – Whether any of the proposed grounds had merit
Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 NAJT v The Minister for Immigration and Multicultural and Indigenous Affairs 147 FCR 51 SZKMS v The Minister for Immigration and Citizenship [2008] FCA 499
Date of hearing: 5 August 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 20
Counsel for the Appellant: Mr M Gerkens
Solicitor for the Appellant: Fernandez and Johnson
Counsel for the Respondents: Ms S Burchell
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