Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FCC17 v Minister for Immigration and Border Protection [2019] FCA 2080 Appeal from: FCC17 v Minister for Immigration & Anor [2018] FCCA 2807
File number: NSD 1850 of 2018
Judge: CHARLESWORTH J
Date of judgment: 11 December 2019
Catchwords: MIGRATION – protection visa – ground of appeal raising an argument not raised in proceeding below – argument cannot succeed on material before the Court on this appeal – whether an order for the production of the material should be made
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 36(2A), 65 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 FCC17 v Minister for Immigration & Anor [2018] FCCA 2807 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173
Date of hearing: 30 May 2019
Date of last submissions: First Respondent: 12 June 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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