Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ARO15 v Minister for Immigration and Border Protection [2016] FCA 1154 Appeal from: ARO15 v Minister for Immigration [2016] FCCA 799
File number: SAD 120 of 2016
Judge: WHITE J
Date of judgment: 23 September 2016
Catchwords: MIGRATION – whether Federal Circuit Court Judge (FCC Judge) erred in finding that there was no jurisdictional error on the part of the Refugee Review Tribunal (RRT) – whether FCC Judge erred in not considering a claim which was not put before the RRT – whether FCC Judge failed to consider an application for fresh evidence – appeal dismissed. PRACTICE AND PROCEDURE – where grounds of appeal went beyond the grounds of review raised in the Federal Circuit Court – certain grounds of appeal went to the merits of the appellant's protection visa application – grounds of appeal had little relevance to the circumstances of the appellant.
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 417, 424A, 476
Cases cited: ATH15 v Minister for Immigration and Border Protection [2016] FCA 1155 Australian Competition and Consumer Commission v Australian and New Zealand Banking Group Ltd [2015] FCAFC 103; (2015) 236 FCR 78 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 Coulton v Holcombe (1986) 162 CLR 1 JR Consulting & Drafting Pty Ltd v Cummings [2016] FCAFC 20 NABD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29; (2005) 216 ALR 1 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 NBKT v Minister for Immigration and Multicultural Affairs [2006] FCAFC 195; (2006) 156 FCR 419 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128 SZSPR v Minister for Immigration and Border Protection [2013] FCA 1210; (2013) 139 ALD 109 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 74; (2003) 129 FCR 168
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