CSN15 v Minister for Immigration and Border Protection [2018] FCA 985

FEDERAL COURT OF AUSTRALIA

CSN15 v Minister for Immigration and Border Protection [2018] FCA 985 Appeal from: CSN15 v Minister for Immigration [2017] FCCA 1038

File number(s): VID 418 of 2017

Judge(s): GREENWOOD ACJ

Date of judgment: 2 July 2018

Catchwords: MIGRATION – Consideration of five grounds of appeal raising contentions of jurisdictional error on the part of the Administrative Appeals Tribunal not relied upon by the appellant before the Federal Circuit Court of Australia – consideration of each new ground – consideration of whether the Tribunal applied the correct tests required by s 36(2)(a) and s 36(2)(aa) of the Migration Act 1958 (Cth) – consideration of whether the Tribunal ought to have considered the individual claims cumulatively – consideration of whether the Tribunal failed to address one or more integers of the claims- consideration of leave to rely on further affidavit evidence

Legislation: Migration Act 1958 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 CSN15 v Minister for Immigration & Anor [2017] FCCA 1038 SZTAL v Minister for Immigration and Border Protection (2017) 91 ALJR 936; 347 ALR 405 W352 v Minister for Immigration [2002] FCA 398

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: 84

Counsel for the Appellant: The appellant appeared in person