Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DDJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 728 Appeal from: Application for leave to appeal: DDJ17 v Minister for Immigration & Anor [2019] FCCA 3292
File number: NSD 1950 of 2019
Judge: JAGOT J
Date of judgment: 29 May 2020
Catchwords: MIGRATION – application for leave to appeal – leave to raise new ground for first time on appeal – alleged jurisdictional error by reason of Administrative Appeals Tribunal making credit findings without logical, rational or probative basis – whether sufficient doubt is raised in relation to decision at first instance – application dismissed
Legislation: Federal Circuit Court Rules 2001 (Cth) rr 44.12(1)(a), 44.12(2) Federal Court of Australia Act 1976 (Cth) s24(1A) Migration Act 1958 (Cth) s 476A
Cases cited: Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Fualau v Minister for Home Affairs [2020] FCAFC 11 Han v Minister for Home Affairs [2019] FCA 331 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 SZOOR v Minister for Immigration & Citizenship (2012) 202 FCR 1 at [84] Water Board v Moustakas [1988] HCA 12; (1988) 180 CLR 491
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