Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Han v Minister for Home Affairs [2019] FCA 331 Appeal from: Han v Minister for Home Affairs & Anor [2018] FCCA 2207
File number: NSD 1637 of 2018
Judge: BROMWICH J
Date of judgment: 11 March 2019
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where leave sought to rely upon new proposed ground of appeal not raised in Federal Circuit Court – whether opinion of the Medical Officer of the Commonwealth formed in accordance with law – whether jurisdictional error – held: leave to rely upon new proposed ground of appeal refused – opinion of the Medical Officer of the Commonwealth formed in accordance with law – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) Pt 8, s 476A, Migration Regulations 1994 (Cth) reg 2.25A; cl 885.224 (repealed) of Sch 2, cl 4005 of Sch 4
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; 231 FCR 452 Blair v Minister for Immigration and Multicultural Affairs [2001] FCA 1014 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 161 ALD 441 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Coulton v Holcombe (1986) 162 CLR 1 Haque & Ors v Minister for Immigration and Anor [2015] FCCA 1765; 298 FLR 375 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Imad v Minister for Immigration and Multicultural Affairs [2001] FCA 1011 Inguanti v Minister for Immigration and Multicultural Affairs [2001] FCA 1046 JP1 & Ors v Minister for Immigration and Citizenship [2008] FMCA 970; 220 FLR 37 Malek Fahd Islamic School Limited v Minister for Education and Training (No. 2) [2017] FCA 1377 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 362 ALR 48 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149; 254 FCR 522 Minister for Immigration and Multicultural Affairs v Seligman (1999) 85 FCR 115 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 NKWF v Minister for Immigration and Border Protection [2018] FCA 409 Perez v Minister for Immigration and Border Protection [2017] FCAFC 180 Pillay v Minister for Immigration [2009] FMCA 517 Robinson v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1626; 148 FCR 182 Singh v Minister for Immigration and Border Protection [2018] FCAFC 52 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; 243 FCR 220 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145 Traill & Ors v Minister for Immigration and Citizenship [2013] FCCA 2 Triandafillidou v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FMCA 20; 181 FLR 302 University of Wollongong v Metwally [1985] HCA 28; 60 ALR 68; 59 ALJR 481 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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