Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZZGB v Minister for Immigration and Border Protection [2014] FCA 1052 Citation: MZZGB v Minister for Immigration and Border Protection [2014] FCA 1052
Appeal from: MZZGB v Minister for Immigration and Border Protection & Anor [2014] FCCA 1019
Parties: MZZGB v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and JENNIFER STRATHEARN IN HER CAPACITY AS INDEPENDENT PROTECTION ASSESSMENT REVIEWER
File number: VID 318 of 2014
Judge: WHITE J
Date of judgment: 1 October 2014
Catchwords: MIGRATION – appeal from dismissal of judicial review application from decision of Independent Merits Reviewer – whether IMR failed to consider integers of claim – whether IMR impermissibly failed to make enquiries about evidence presented by claimant – whether IMR failed to address herself to proper question PRACTICE AND PROCEDURE – appeals – leave to argue ground not raised before primary judge
Legislation: Migration Act 1958 (Cth) ss 36, 476
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Coulton v Holcombe (1986) 162 CLR 1 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26, (2003) 197 ALR 389 H v Minister for Immigration and Multicultural Affairs [2000] FCA 1348; (2000) 63 ALD 43 Minister for Immigration and Border Protection v SZRTF [2013] FCA 1377 Minister for Immigration and Citizenship v Le [2007] FCA 1318; (2007) 164 FCR 151 Minister for Immigration and Citizenship v MZYCE [2010] FCA 767; (2010) 116 ALD 156 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 SZKCQ v Minister for Immigration and Citizenship [2009] FCA 578 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 SZNWF v Minister for Immigration and Citizenship [2010] FCA 1041 SZOER v Minister for Immigration and Citizenship [2010] FCA 1100 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74; (2003) 129 FCR 168 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 Videto v Minister for Immigration and Ethnic Affairs (1985) 8 FCR 167 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158
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