Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BWC15 v Minister for Immigration and Border Protection [2017] FCA 199 Appeal from: BWC15 v Minister for Immigration & Anor [2016] FCCA 2436
File number: NSD 1591 of 2016
Judge: BROMBERG J
Date of judgment: 1 March 2017
Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia ("FCC") – whether the FCC erred by failing to find that the Tribunal treated the appellant unfairly – where the Tribunal had relied on its own observations of the appellant's country of origin –the Tribunal may rely on its own experience and observations so long as a visa applicant is provided an opportunity to respond to the observations – where the appellant sought to tender new evidence that Tribunal spoke to the appellant roughly – where tender of new evidence would have necessitated an adjournment from which prejudice would flow and where tender of new evidence would serve no utility – leave to tender new evidence refused – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 474
Cases cited: BWC15 v Minister for Immigration & Anor [2016] FCCA 2436 NAEH v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 927 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129
Date of hearing: 1 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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