Gupta v Minister for Immigration and Border Protection [2016] FCA 1004

FEDERAL COURT OF AUSTRALIA

Gupta v Minister for Immigration and Border Protection [2016] FCA 1004 Appeal from: Gupta v Minister for Immigration and Border Protection & Anor [2016] FCCA 871

File number: VID 376 of 2016

Judge: PERRY J

Date of judgment: 24 August 2016

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing judicial review of Migration Review Tribunal decision – where appellant challenges factual finding of Tribunal – whether failure to comply with s 359A of the Migration Act 1958 (Cth) – where appellant gave delegate's decision containing the information to the Tribunal - whether duty on Tribunal to make inquiries - appeal dismissed. PRACTICE AND PROCEDURE – admission of further evidence in an appeal.

Legislation: Migration Act 1958 (Cth) s 359A Migration Regulations 1994 (Cth) Sch 2 cl 572.223

Cases cited: Craig v South Australia (1995) 184 CLR 163 Jahangir v Minister for Immigration and Border Protection [2014] FCA 218; (2014) 222 FCR 91 Minister for Immigration and Citizenship v Brar [2012] FCAFC 30; (2012) 201 FCR 240 Minister for Immigration and Citizenship v Chamnam You [2008] FCA 241 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 SZJMG v Minister for Immigration and Citizenship [2008] FCA 1145