Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CWX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 Appeal from: CWX18 v Minister for Immigration & Anor [2019] FCCA 2369
File number: NSD 1432 of 2019
Judge: GLEESON J
Date of judgment: 21 May 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia (FCCA) refusing application for review of Administrative Appeals Tribunal (AAT) decision – FCCA refused appellant leave to amend application for review and dismissed it – whether FCCA's decision to refuse leave to amend application for review an interlocutory decision within the meaning of Federal Court of Australia Act 1976 (Cth) s 24(1A) such that leave to appeal required – FCCA decision not an interlocutory decision within the meaning of s 24(1A) – whether AAT failed to have regard to certain evidence – whether AAT gave proper and genuine consideration to certain evidence – appeal dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 24(1A) Federal Court of Australia Act 1976 (Cth) s 17A Migration Act 1958 (Cth) ss 101, 107
Cases cited: Appellant WAEE v Minister for Immigration Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 AXX16 v Minister for Home Affairs [2019] FCA 190 BXU16 v Minister for Immigration and Border Protection [2018] FCA 1897 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 House v R [1936] HCA 40; 55 CLR 499 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Border Protection v Lium [2019] FCA 1850 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108; (2010) 187 FCR 362 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NAJT v Minister for Immigration Multicultural and Indigenous Affairs [2005] FCAFC 134; 147 FCR 51 Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51; (2018) 361 ALR 8 Singh v Minster for Home Affairs [2019] FCAFC 3; (2019) 267 FCR 200 SZWCC v Minister for Immigration and Border Protection [2015] FCA 1402 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327; (2013) 233 FCR 524
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