Federal Court of Australia
Federal Court of Australia
CKR16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1612 Appeal from: CKR16 v Minister for Immigration & Anor [2020] FCCA 390
File number: NSD 296 of 2020
Judgment of: SC DERRINGTON J
Date of judgment: 6 November 2020
Catchwords: MIGRATION – refusal of protection visa – appeal from Federal Circuit Court dismissing application for judicial review from AAT – whether jurisdictional error by AAT in failing to consider claims and integers of claims – whether failure to consider disabilities in determining well-founded fear – whether AAT's decision legally unreasonable PRACTICE AND PROCEDURE – application to rely on transcripts of interview and tribunal proceedings not in evidence before the Federal Circuit Court – where no application pursuant to r 36.57 of the Federal Court Rules 2011 (Cth) – whether leave should be granted
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(1A), 36(2)(a), 36(2)(aa), 65 Federal Court Rules 2011 (Cth) r 36.57
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 CGQ15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 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 Border Protection v SZUXN [2016] FCA 516; (2016) 69 AAR 210 NABE v Minister for Immigration and Multicultural Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Tickner v Chapman (1995) 57 FCR 451
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