Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CPW15 v Minister for Home Affairs [2018] FCA 1919 Appeal from: CPW15 & Anor v Minister for Immigration & Anor [2018] FCCA 1307
File number: NSD 972 of 2018
Judge: MCKERRACHER J
Date of judgment: 28 November 2018
Date of publication of reasons: 29 November 2018
Catchwords: MIGRATION – protection visa applications – appeal from the Federal Circuit Court of Australia – where the primary judge concluded the appellants' son should not be joined as a party – where the primary judge concluded the application sought impermissible merits review – consideration of duties owed to accord procedural fairness Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 412(2), 425
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Hamod v New South Wales [2011] NSWCA 375 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 O'Brien v Komesaroff (1982) 150 CLR 310 R v Zorad (1990) 19 NSWLR 91 Shrestha v Migration Review Tribunal (2015) 229 FCR 301 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588
Date of hearing: 28 November 2018
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