Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CIC15 v Minister for Immigration and Border Protection [2018] FCA 795 Appeal from: CIC15 v Minister for Immigration & Anor [2017] FCCA 2825
File number: VID 1214 of 2017
Judge: BROMBERG J
Date of judgment: 18 May 2018
Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia ("FCC") – whether FCC erred in failing to find jurisdictional error in the decision of the Administrative Appeals Tribunal ("Tribunal") – whether expedient in the interests of justice to allow the appellant to rely on a new ground of appeal – whether adverse credibility findings expose illogical or irrational finding or reasoning – if so, whether adverse credibility findings constitute jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth)
Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317 Minister for Immigration and Ethnic Affairs v McIllhatton and Guo Wei Rong and Pan Run Juan (1996) 40 ALD 445 Minister for Immigration and Ethnic Affairs v Wu Shan Liang & Ors (1996) 185 CLR 259 Singh v Minister for Immigration and Border Protection [2018] FCAFC 52 SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198
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