Federal Court of Australia
Federal Court of Australia
DDH16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 101 Appeal from: DDH16 v Minister for Immigration [2020] FCCA 1138
File number: NSD 637 of 2020
Judgment of: PERRAM J
Date of judgment: 17 February 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissal of judicial review application of Administrative Appeals Tribunal ('Tribunal') decision – where Appellant alleged Tribunal failed to consider his involvement with Liberation Tigers of Tamil Eelam – whether Tribunal failed to afford Appellant procedural fairness PRACTICE AND PROCEDURE – application for leave to file amended notice of appeal – where Appellant represented at first instance and on appeal EVIDENCE – where Appellant sought to lead evidence from himself and an interpreter – whether Court should exercise discretion to admit fresh evidence on appeal
Legislation: Migration Act 1958 (Cth) ss 424A, 425
Cases cited: Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41; 183 FCR 575 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR [2003] FCAFC 126; 128 FCR 553 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 81 ALJR 1190 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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