Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CRE15 v Minister for Immigration and Border Protection [2017] FCA 607 Appeal from: CRE15 v Minister for Immigration and Anor [2016] FCCA 2997
File number: VID 1489 of 2016
Judge: BROMBERG J
Date of judgment: 1 June 2017
Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia – whether the primary judge erred in not finding that the Administrative Appeals Tribunal constructively failed to exercise its jurisdiction by failing to consider a claim or evidence – no error revealed in primary judge's resolution of the appellant's contention – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 474
Cases cited: CRE15 v Minister for Immigration and Anor [2016] FCCA 2997 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129
Date of hearing: 17 May 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 8
Counsel for the Appellant: The Appellant appeared in person assisted by an interpreter
Counsel for the First Respondent: Mr GA Hill
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS VID 1489 of 2016
BETWEEN: CRE15 Appellant
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