BEJ15 v Minister for Immigration and Border Protection [2016] FCA 1033

FEDERAL COURT OF AUSTRALIA

BEJ15 v Minister for Immigration and Border Protection [2016] FCA 1033 Appeal from: BEJ15 v Minister for Immigration & Anor [2016] FCCA 25

File number: QUD 82 of 2016

Judge: REEVES J

Date of judgment: 26 August 2016

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a Refugee Review Tribunal decision – whether the Federal Circuit Court erred in failing to find the Tribunal's decision was affected by jurisdictional error – whether the Federal Circuit Court took into account an incorrect and misleading representation or submission made by counsel for the Minister – whether the Federal Circuit Court failed to take into account a relevant consideration PRACTICE AND PROCEDURE – interlocutory application to adduce evidence on appeal – whether the appellant could show, with reasonable diligence, that the evidence could not be adduced at trial – whether the evidence was such that very probably the result would have been different

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth)

Cases cited: Abebe v Commonwealth (1999) 197 CLR 510; [1999] HCA 14 ACC15 v Minister for Immigration and Border Protection [2016] FCA 97 BEJ15 v Minister for Immigration & Anor [2016] FCCA 25 BEV15 v Minister for Immigration and Border Protection [2016] FCA 507 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 NASB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 24 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404; [2015] FCAFC 175