Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CPP17 v Minister for Immigration and Border Protection [2020] FCA 1097 Appeal from: CPP17 & Anor v Minister for Immigration & Anor [2019] FCCA 3593
File number: SAD 255 of 2019
Judge: BESANKO J
Date of judgment: 31 July 2020
Date of Publication of Reasons: 4 August 2020
Catchwords: PRACTICE AND PROCEDURE — interlocutory application by appellant for leave to adduce further evidence on appeal — where Authority's decision said to involve legal unreasonableness and therefore jurisdictional error — whether the evidence could have been adduced before the Federal Circuit Court of Australia by the exercise of reasonable diligence — whether the further evidence was likely to have led to a different result
Legislation: Federal Court of Australia Act 1976 (Cth) ss 25, 27 Migration Act 1958 (Cth) ss 5H, 36 Federal Court Rules 2011 (Cth) r 36.57
Cases cited: BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 93 ALJR 1091; (2019) 373 ALR 196 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 47 NASB v Minister for Immigration and Multicultural & Indigenous Affairs [2004] FCAFC 24 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128; (2013) 139 ALD 1
Date of hearing: 27 July 2020
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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