Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZAUY v Minister for Immigration and Border Protection [2017] FCA 190 Appeal from: WZAUY v Minister for Immigration & Anor [2016] FCCA 2024
File number: WAD 409 of 2016
Judge: BARKER J
Date of judgment: 2 March 2017
Catchwords: MIGRATION – application for protection (class XA) visa – review of decision of Federal Circuit Court affirming decision of Tribunal – where appellant previously lodged application for protection (class XA) visa – where previous application assessed under s 36(2)(a) of the Migration Act 1958 (Cth) – whether present application satisfies complementary protection criteria pursuant to s 36(2)(aa) – whether primary judge erred in failing to find Tribunal fell into jurisdictional error PRACTICE AND PROCEDURE – objection to competency to hear appeal from interlocutory decision of Federal Circuit Court – where primary judge dismissed application following show cause hearing
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2)(c), 48A(1), 422B, 425(1), Div 4 Pt 7
Cases cited: Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration & Multicultural Affairs v Lay Lat [2006] FCAFC 61 Re The Minister for Immigration & Ethnic Affairs; Ex parte Durairajasingham [2000] HCA 1 SZBEL v Minister for Immigration & Multicultural & Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71 WZAUY v Minister for Immigration & Anor [2016] FCCA 2024
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