Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BJW16 v Minister for Home Affairs [2019] FCA 930 Appeal from: BJW16 v Minister for Immigration & Anor [2018] FCCA 3588
File number(s): VID 1512 of 2018
Judge(s): ANDERSON J
Date of judgment: 19 June 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa – where first ground of appeal is unparticularised – whether it is the role of the Court on appeal to identify error where the appellant has not – whether the Tribunal properly considered the factual information provided by the appellant in visa application PRACTICE AND PROCEDURE – whether appellant has raised a new ground of review that was not raised in the Circuit Court Held: appeal dismissed – unparticularised ground of appeal must be rejected – Tribunal properly considered the appellant's information
Legislation: Immigrants and Emigrants Act 1948 (Sri Lanka)
Cases cited: BJW16 v Minister for Immigration & Anor [2018] FCCA 3588 EJB17 v Minister for Immigration & Border Protection [2019] FCA 742 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134; 147 FCR 51 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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