Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZH15 v Minister for Immigration and Border Protection [2017] FCA 97 Appeal from: Application for leave to appeal: AZH15 v Minister for Immigration & Border Protection [2016] FCCA 2230
File number: NSD 1510 of 2016
Judge: FARRELL J
Date of judgment: 13 February 2017
Catchwords: MIGRATION – application for leave to appeal decision of the Federal Circuit Court of Australia – where applications for a protection visa pursuant to s 36(2)(aa) of the Migration Act 1958 (Cth) – where applicants had previously unsuccessfully applied for protection visas pursuant to s 36(2)(a) – where previous applications filed before the introduction of s 36(2)(aa) – whether jurisdictional error if Tribunal failed to consider criterion under s 36(2)(a) as well as criterion under s 36(2)(a) – leave refused
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 48A Federal Circuit Court Rules 2001 (Cth) r 44.12(1)
Cases cited: AMA15 v Minister for Immigration and Border Protection [2015] FCA 1424 AZH15 v Minister for Immigration & Border Protection [2016] FCCA 2230 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 844 Minister for Immigration and Border Protection v SZVCH [2016] FCAFC 127 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235; [2013] FCAFC 71 SZRAG v Minister for Immigration and Border Protection [2016] FCA 189 SZVCH v Minister for Immigration and Border Protection [2015] FCCA 405
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