BWB15 v Minister for Immigration and Border Protection [2017] FCA 1073

FEDERAL COURT OF AUSTRALIA

BWB15 v Minister for Immigration and Border Protection [2017] FCA 1073 Appeal from: BWB15 v Minister for Immigration and Anor [2017] FCCA 133

File number: VID 156 of 2017

Judge: MURPHY J

Date of judgment: 11 September 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court decision affirming Tribunal's rejection of application for protection visa – leave to amend appeal to allege ground not raised below – whether Tribunal erred by failing to consider a submission of substance– whether submission was made or arose clearly on the material before the Tribunal – matter was not clearly raised before Tribunal – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: AZAEH v Minister for Immigration and Border Protection [2015] FCA 414 Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority (2015) 227 FCR 95; [2015] FCAFC 7 Martinaj v Minister for Immigration and Border Protection [2016] FCA 868 MZAJC v Minister for Immigration and Border Protection [2016] FCA 208 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 MZYXP v Minister for Immigration and Border Protection [2013] FCA 1352 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18; [2007] HCA 40 SZFDV v Minister for Immigration and Citizenship (2007) 233 CLR 51; [2007] HCA 41 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415; [2009] FCAFC 46 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158 Water Board v Moustakas (1988) 180 CLR 491; [1988] HCA 12