Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AAH15 v Minister for Immigration and Border Protection [2016] FCA 104 Appeal from: AAH15 v Minister for Immigration & Anor [2015] FCCA 2359
File number: NSD 1122 of 2015
Judge: KATZMANN J
Date of judgment: 18 February 2016
Catchwords: MIGRATION — alleged jurisdictional error — where Tribunal allegedly failed to consider all claims or all component integers of a claim — where certain findings of the Tribunal allegedly irrational — where Tribunal allegedly erred in characterising appellant's social group — whether Tribunal erred by failing to consider whether circumstances of appellant's likely detention upon return to his country of nationality as a failed asylum seeker might involve intentional harm PRACTICE AND PROCEDURE — appeals — failure to identify error by primary judge — new ground not raised below — whether leave should be granted to argue the point
Legislation: Migration Act 1958 (Cth) ss 36(2A), 65, 499 Federal Court of Australia Act 1976 (Cth) s 24
Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Limited (2001) 117 FCR 424 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088; [2003] HCA 26 H v Minister for Immigration and Multicultural Affairs (2000) 63 ALD 43; [2000] FCA 1348 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Border Protection v WZAPN (2015) 320 ALR 467; [2015] HCA 22 Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025 Minister for Immigration v SZMDS (2010) 240 CLR 611 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 SZTAL v Minister for Immigration and Border Protection [2015] FCCA 64 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158
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