Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AXE15 v Minister for Immigration and Border Protection [2018] FCA 1809 Appeal from: Application for leave to appeal: AXE15 v Minister for Immigration and Anor [2018] FCCA 1872
File number: NSD 1062 of 2018
Judge: LOGAN J
Date of judgment: 7 November 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – alleged jurisdictional error by Tribunal constituted by failure to disclose existence of certificate issued under s 438 of Migration Act 1958 (Cth) – point not raised before Federal Circuit Court – evidence on appeal that no such certificate even issued. Held – leave to amend refused – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 48A, 438, 438(1)(a)
Cases cited: AXE15 v Minister for Immigration and Border Protection (2018) FCCA 1872 Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235
Date of hearing: 7 November 2018
Date of last submissions: 7 November 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 14
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Solicitor for the Respondents: Ms B Griffin of Australian Government Solicitor
ORDERS NSD 1062 of 2018
BETWEEN: AXE15 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
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