Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BGY15 v Minister for Immigration and Border Protection [2018] FCA 217 Appeal from: BGY15 v Minister for Immigration and Border Protection [2017] FCCA 110
File number: VID 103 of 2017
Judge: KERR J
Date of judgment: 27 February 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether appellant can advance grounds of appeal not pursued before primary judge – whether detention on return to Sri Lanka for having departed illegally would result in persecution – whether Tribunal assessed appellant's claims – whether Tribunal erred by failing to provide the appellant with clean particulars and acted in haste – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 36, 424A
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 BGY15 v Minister for Immigration and Border Protection [2017] FCCA 110 Coshott v Crouch [2017] FCAFC 135 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Minister for Immigration and Citizenship v SZLFX [2009] HCA 31; (2009) 238 CLR 507 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 81 ALJR 1190 SZSFS v Minister for Immigration and Border Protection [2015] FCA 534; (2015) 232 FCR 262
Date of hearing: 27 February 2018
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