Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZAEH v Minister for Immigration and Border Protection [2015] FCA 414 Citation: AZAEH v Minister for Immigration and Border Protection [2015] FCA 414
Appeal from: AZAEH v Minister for Immigration [2014] FCCA 1438
Parties: AZAEH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: SAD 188 of 2014
Judge: KENNY J
Date of judgment: 6 May 2015
Catchwords: MIGRATION – Appeal from decision of the Federal Circuit Court holding no jurisdictional error in decision of the Refugee Review Tribunal – Whether Tribunal misapplied the legal test relating to internal relocation – No misapplication of the law PRACTICE AND PROCEDURE – Application for leave to rely upon new grounds not raised in the Federal Circuit Court – Whether expedient and in interests of justice to grant leave – proposed new grounds as to whether Tribunal required to give primary consideration to the best interests of the appellant's dependent children and whether a breach of procedural fairness – insufficient merit in grounds for leave to be granted
Legislation: Migration Act 1958 (Cth) Convention on the Rights of the Child 1577 UNTS 3; opened for signature on 20 November 1989; entered into force on 2 September 1990 and ratified by Australia on 16 January 1991
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