Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ARA17 v Minister for Home Affairs [2018] FCA 1378 Appeal from: ARA17 v Minister for Immigration & Anor [2018] FCCA 342
File number: WAD 91 of 2018
Judge: MCKERRACHER J
Date of judgment: 7 September 2018
Catchwords: MIGRATION – protection visa – appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Tribunal affirming the Minister's decision not to grant a protection visa – attempt to raise material not before the Tribunal or primary judge – grounds seeking to invite merits review – MZZJO distinguished – no appellable error Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a), 36(2)(aa), 424A, 424A(3)
Cases cited: Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 MZZJO v Minister for Immigration and Border Protection (2014) 239 FCR 436 VHAJ v Minister for Immigration & Multicultural & Indigenous Affairs v (2013) 131 FCR 80
Date of hearing: 7 August 2018
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Ms A Ladhams
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
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