Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZABR v Minister for Immigration and Border Protection [2016] FCA 1231 Appeal from: MZABR v Minister for Immigration & Anor [2016] FCCA 892
File number: NSD 639 of 2016
Judge: BURLEY J
Date of judgment: 17 October 2016
Catchwords: MIGRATION – application for a Protection (Class XA) visa – whether Refugee Review Tribunal failed to assess or made improper assessment of appellant's imputed political opinion – whether Refugee Review Tribunal provided the opportunity to elaborate on appellant's claims ADMINISTRATIVE LAW – role of the Court to decide whether decision was invalid by reason of jurisdictional error – role of the Court not to consider factual merits of Tribunal's decision PRACTICE AND PROCEDURE – appeals – whether leave should be granted to raise new grounds of appeal
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 43 Migration Act 1958 (Cth) ss 36, 474
Cases cited: AMU15 v Minister for Immigration and Border Protection [2016] FCA 841 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 MZABR v Minister for Immigration & Anor [2016] FCCA 892 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 198 ALR 59 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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