Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQF19 v Minister For Home Affairs [2020] FCA 967 Appeal from: AQF19 v Minister For Home Affairs & Anor [2019] FCCA 3461
File number: WAD546 of 2019
Judge: YATES J
Date of judgment: 10 July 2020
Catchwords: MIGRATION - appeal from decision of Federal Circuit Court to dismiss an application for judicial review of a decision of the Immigration Assessment Authority (IAA) – where IAA affirmed a decision by a delegate of the Minister to refuse to grant a protection visa to the appellant – whether IAA relied on DFAT country information reports such as to give rise to jurisdictional error PRACTICE AND PROCEDURE – application for leave to amend notice of appeal to raise ground of judicial review not raised before Federal Circuit Court
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa), 473CA, 473DD
Cases cited: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10
Date of hearing: 29 June 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 31
Counsel for the Appellant: Mr P Bodisco
Solicitor for the Appellant: ABU Legal
Counsel for the Respondents: Mr G Johnson
Solicitor for the Respondents: Sparke Helmore
Counsel for the Respondents: The second respondent filed a submitting notice
ORDERS WAD546 of 2019
BETWEEN: AQF19 Appellant
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