Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BFA17 v Minister for Immigration and Border Protection [2019] FCA 2102 Appeal from: BFA17 v Minister for Immigration [2019] FCCA 1229
File number: NSD 870 of 2019
Judge: ABRAHAM J
Date of judgment: 13 December 2019
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority refusing the grant of a SHEV to the appellant – whether the Authority misconstrued the appellant's claims amounting to jurisdictional error – where finding of inconsistent evidence – whether alleged error was material – whether factual error infected the decision with jurisdictional error – where leave to rely on a new ground of review is sought – held: appeal dismissed
Legislation: Migration Act 1958 (Cth), s 5H(1), 36(2)(aa)
Cases cited: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; (2018) 361 ALR 227 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 Chan v Minister for Immigration and Border Protection [2018] FCA 1323 CGA15 v Minister for Home Affairs [2019] FCAFC 46 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Gill v Immigration and Border Protection [2017] FCAFC 51 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 93 ALJR 252 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 ESU17 v Minister for Home Affairs [2019] FCA 300 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; (2019) 163 ALD 469
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