ATH15 v Minister for Immigration and Border Protection [2016] FCA 1155

FEDERAL COURT OF AUSTRALIA

ATH15 v Minister for Immigration and Border Protection [2016] FCA 1155 Appeal from: ATH15 v Minister for Immigration [2016] FCCA 837

File number: SAD 121 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 – whether FCC Judge erred in not permitting the appellant to obtain further evidence – whether the FCC Judge denied the appellant procedural fairness – appeal dismissed. PRACTICE AND PROCEDURE – where grounds of appeal went well 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 not directed to the particular features of the appellant's claims.

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 417, 476 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 ARO15 v Minister for Immigration and Border Protection [2016] FCA 1154 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 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 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128