Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZARX v Minister for Immigration and Border Protection [2018] FCA 437 Appeal from: Application for leave to appeal: MZARX v Minister for Immigration [2016] FCCA 3446
File number(s): VID 1446 of 2016
Judge(s): BURLEY J
Date of judgment: 4 April 2018
Catchwords: MIGRATION – refusal of a protection visa application – whether Tribunal failed to assess whether the fact that the appellant would be detained for a brief period would result in persecution – whether the appellant's claim was cumulatively assessed – whether Tribunal failed to give particulars pursuant to s 424A(1) of Migration Act 1958 (Cth) – whether the grounds of review pursued before the FCCA are different to those raised in the present appeal, thereby requiring leave to rely upon proposed grounds – leave not granted – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 36, 37, 91R, 424A
Cases cited: Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) ALJR 1123 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
Date of hearing: 22 February 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 41
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Mr CJ Tran
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