Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WZASX v Minister for Immigration and Border Protection [2017] FCA 1415 Appeal from: WZASX v Minister for Immigration & Anor [2017] FCCA 563
File number: WAD 183 of 2017
Judge: MCKERRACHER J
Date of judgment: 29 November 2017
Catchwords: MIGRATION – where the Refugee Review Tribunal upheld delegate's decision to refuse application for Protection (Class XA) visa – whether the Federal Circuit Court was required to consider the appellant's oral submission – whether a delay of 961 days between the relevant oral hearing and the publication of reasons is destructive of any beneficial assumption that the oral submission was taken into account – where the Federal Circuit Court was not required to weigh and assess oral evidence or to make credibility findings – where the relevant oral submission was not made either in a specific or general sense before the Tribunal
Legislation: Migration Act 1958 (Cth)
Cases cited: Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17 Haros v Linfox Australia Pty Ltd (2012) 219 IR 177 Johnson Diversey Australia Pty Ltd v Ferenczfy [2013] SASCFC 59 Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 NAIS v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 228 CLR 470 Tattsbet Limited v Morrow (2015) 233 FCR 46 Terry v Leventeris (2011) 109 SASR 358
Date of hearing: 31 July 2017
Registry: Western Australia
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