Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BLU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 706 Appeal from: BLU18 & Ors v Minister for Immigration & Anor [2019] FCCA 1767
File number: NSD 1090 of 2019
Judge: BURLEY J
Date of judgment: 25 May 2020
Catchwords: MIGRATION – fast track reviewable decision – Safe Haven Enterprise Visas refused by Immigration Assessment Authority – appeal from the Federal Circuit Court of Australia – application to raise new ground on appeal – whether the IAA made a jurisdictional error by failing to consider or exercise its power under s 473DC of the Migration Act 1958 (Cth) to interview the second appellant regarding her claims of sexual assault – application to raise new ground of appeal, and appeal, dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 24(1A), 28 Migration Act 1958 (Cth) ss 473DC, 473DD
Cases cited: ABT17 v Minister for Immigration and Border Protection [2019] FCA 613 BLU18 & Ors v Minister for Immigration & Anor [2019] FCCA 1767 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Australian Competition and Consumer Commission [2007] FCAFC 132; 162 FCR 466 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 366 ALR 665 Fox v Percy [2003] HCA 22; 214 CLR 118 House v The King [1936] HCA 40; 55 CLR 499 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 Nguyen v Minister for Immigration and Border Protection [2018] FCA 1374 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600 SZLPH v Minister for Immigration and Border Protection [2018] FCAFC 145; 266 FCR 105 SZRHL v Minister for Home Affairs [2019] FCA 785 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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