Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EYJ17 v Minister for Immigration and Border Protection [2019] FCA 347 Appeal from: EYJ17 v Minister for Immigration & Anor [2018] FCCA 2739
File number: NSD 1844 of 2018
Judge: LOGAN J
Date of judgment: 14 February 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court – jurisdictional error – materiality of evidence – failure to consider material evidence – where the applicant and his brother made protection claims at the same time – where the Tribunal did not consider the brother's evidence – where evidence was potentially corroborative.
Legislation: Migration Act 1958 (Cth) s 5J(1)(b)
Cases cited: CLS15 v Federal Circuit Court of Australia [2017] FCA 577 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex Parte Durairajasingham (2000) 74 ALJR 405 VAAD v Minister for Immigration and Multicultural Affairs [2005] FCAFC 117
Date of hearing: 14 February 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 27
Counsel for the Appellant: Mr R Chia
Counsel for the Respondents: Ms B Tronson
Solicitor for the Respondents: Australian Government Solicitor
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