Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZABA v Minister for Immigration and Border Protection [2015] FCA 711 Citation: MZABA v Minister for Immigration and Border Protection [2015] FCA 711
Appeal from: MZABA v Minister for Immigration and Border Protection [2014] FCCA 1928
Parties: MZABA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: VID 544 of 2014
Judge: BROMBERG J
Date of judgment: 16 July 2015
Catchwords: MIGRATION – application for Protection (Class XA) visa – whether FCC erred in failing to discern jurisdictional error in Tribunal's decision – whether Tribunal erred in failing to consider a claim made by the appellant – whether Tribunal erred in failing to make inquiries – whether Tribunal erred in failing to separately consider s 36(2)(aa) Migration Act – Tribunal committed jurisdictional error in failing to consider appellant's claim that he would be harmed as a consequence of membership of his family group – Tribunal did not otherwise commit jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36, 36(2), 36(2)(a), 36(2)(aa), 474
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Minister for Immigration and Border Protection v MZYTS (2013) 136 ALD 547 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 MZABA v Minister for Immigration and Border Protection [2014] FCCA 1928 NAXT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 279 Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Salahuddin v Minister for Immigration and Border Protection (2013) 140 ALD 1 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZNBX v Minister for Immigration and Citizenship (2009) 112 ALD 475 SZRBA v Minister for Immigration and Border Protection (2014) 314 ALR 146 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZSSC v Minister for Immigration and Border Protection (2014) 317 ALR 365 SZTVA v Minister for Immigration and Border Protection [2014] FCA 1334
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