Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BKQ16 v Minister for Immigration and Border Protection [2019] FCA 40 Appeal from: BKQ16 v Minister for Immigration & Anor [2018] FCCA 137
File number: VID 166 of 2018
Judge: MORTIMER J
Date of judgment: 29 January 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court affirming decision of Administrative Appeals Tribunal to refuse protection visa application – whether decision of Tribunal to refuse appellant's application for adjournment of hearing unreasonable – where adjournment concerned second hearing following reconstitution of Tribunal – where appellant unrepresented at second hearing – failure to grant adjournment unreasonable in the circumstances – appeal allowed MIGRATION – appeal from decision of Federal Circuit Court affirming decision of Tribunal to refuse protection visa application – whether Tribunal failed to exercise jurisdiction due to error in factual findings relevant to assessment of credibility– appeal allowed PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – where ground not pressed before Federal Circuit Court – consideration of principles concerning leave to amend notice of appeal – leave granted
Legislation: Migration Act 1958 (Cth) ss 48B, 363(1)(b), 415(2)(a), 425, 426A(1), 427(1)(b) Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133 BKQ16 v Minister for Immigration & Anor [2018] FCCA 137 CKC16 v Minister for Immigration and Border Protection [2018] FCA 1260 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213; 258 FCR 1 Minister for Immigration and Border Protection v Aulakh [2018] FCAFC 91 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 92 ALJR 713 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; 239 FCR 436 WAGO of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 437; 194 ALR 676
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