Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BGX16 v Minister for Home Affairs [2019] FCA 1896 Appeal from: BGX16 v Minister for Immigration & Anor [2019] FCCA 515
File number: NSD 477 of 2019
Judge: KERR J
Date of judgment: 11 November 2019
Date of publication of reasons: 18 November 2019
Catchwords: MIGRATION - Protection (Class XA) (Subclass 866) Visa – appeal from Federal Circuit Court of Australia – leave to rely on ground not raised before primary judge – alleged failure to consider health claims – application of principles in AJI16 v Minister for Immigration and Border Protection [2019] FCA 1769 – no indication that lower standard of healthcare intended to cause harm to the Appellant or persons with the characteristics of the Appellant – leave refused – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5, 36(2)(aa), 36(2A)
Cases cited: AJI16 v Minister for Immigration and Border Protection [2019] FCA 1769 BOZ v Minister for Immigration and Border Protection [2018] FCA 418 Collector of Customs v Pozzolanic Enterprises Proprietary Ltd [1993] FCA 456; 43 FCR 280 Coulton v Holcombe [1968] HCA 33; 162 CLR 1 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SZSFS v Minister for Immigration and Border Protection [2015] FCA 534; 232 FCR 262 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 362
Date of hearing: 11 November 2019
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