Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CPD16 v Minister for Immigration and Border Protection [2018] FCA 322 Appeal from: CPD16 v Minister for Immigration & Anor [2017] FCCA 823
File number: NSD 715 of 2017
Judge: GLEESON J
Date of judgment: 12 April 2018
Catchwords: MIGRATION – whether Federal Circuit Court of Australia ("FCCA") judge erred in finding that a particular social group claim was not raised before the Immigration Assessment Authority – whether FCCA judge misinterpreted s 47 of the Migration Act 1958 (Cth) – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5L, 47
Cases cited: Samuel v Minister For Immigration & Multicultural Affairs [2000] FCA 854; (2000) 175 ALR 529
Date of hearing: 27 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 25
Solicitor for the Appellant: Mr S Tambimuttu of Stephen Hodges Legal
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: Clayton Utz
ORDERS NSD 715 of 2017
BETWEEN: CPD16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: GLEESON J DATE OF ORDER: 12 APRIL 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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