Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EDI16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 171 Appeal from: EDI16 & Anor v Minister for Immigration & Anor [2019] FCCA 2416
File number: VID 1029 of 2019
Judge: WHEELAHAN J
Date of judgment: 20 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether primary judge considered submissions of the parties – submissions overlooked – appeal allowed PRACTICE AND PROCEDURE – whether to remit to the Federal Circuit Court or consider submissions for the first time on appeal – matter remitted
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Migration Act 1958 (Cth) s 476A
Cases cited: AAM15 v Minister for Immigration and Border Protection (2015) FCR 452 Jones v National Coal Board [1957] 2 QB 55 Stead v State Government Insurance Commission (1986) 161 CLR 141 SZULE v Minister for Immigration and Border Protection [2019] FCA 2136 SZKLO v Minister for Immigration and Citizenship (2008) 247 ALR 582 Twist v Randwick Municipal Council (1976) 136 CLR 105
Date of hearing: 18 February 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 34
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