CTS15 v Minister for Immigration and Border Protection [2018] FCA 938

FEDERAL COURT OF AUSTRALIA

CTS15 v Minister for Immigration and Border Protection [2018] FCA 938 Appeal from: CTS15 v Minister for Immigration & Anor [2017] FCCA 1768

File number: NSD 1336 of 2017

Judge: BESANKO J

Date of judgment: 21 June 2018

Catchwords: MIGRATION – where appellant is a national of Sri Lanka and is of Tamil ethnicity and Hindu religion – where appellant was granted a subclass 679 (Sponsored Family Visitor, Short Stay) visa – where appellant made an application for a Protection visa after entering Australia – where delegate of the Minister for Immigration and Border Protection (delegate) refused the appellant's application for a Protection visa – where on review the Refugee Review Tribunal (now the Administrative Appeals Tribunal) (Tribunal) considered the matter and affirmed the delegate's decision not to grant the appellant a Protection visa – where Federal Circuit Court made an order that the appellant's application for judicial review of a decision of the Tribunal be dismissed PRACTICE AND PROCEDURE – appeal from orders made by the Federal Circuit Court – whether the primary judge erred in his approach to the one ground of judicial review which the appellant pursued before the Federal Circuit Court, being that she would suffer significant harm if she returned to Sri Lanka because action would be taken against her by the authorities under various pieces of legislation – whether the Tribunal erred in not disclosing a certificate under s 438 of the Migration Act 1958 (Cth) to the appellant – where appellant requires leave to raise a particular ground of appeal – where appellant made a decision not to press a particular ground before the Federal Circuit Court and the Minister would have acted differently had the point been pursued