Federal Court of Australia
Federal Court of Australia
ASO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1141 Appeal from: ASO17 v Minister for Immigration and Border Protection [2020] FCCA 567
File number(s): NSD 373 of 2020
Judgment of: GOODMAN J
Date of judgment: 27 September 2022
Catchwords: MIGRATION – appeal from decision of the (then) Federal Circuit Court of Australia on judicial review of a decision of the Immigration Assessment Authority to refuse a protection visa – where ground of review not raised before primary judge – leave to advance ground on appeal refused – whether the Authority denied the appellant procedural fairness by limiting the length of submissions in accordance with a Practice Direction issued under s 473FB of the Migration Act 1958 (Cth) – no procedural unfairness – whether the Authority failed to take into account an essential element of the appellant's claims – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), ss 5H, 5J, 36, 473CB, 437CC
Cases cited: ANS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 559 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 ASO17 v Minister for Immigration and Border Protection [2020] FCCA 567 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 FOH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1525 Francuziak v Minister for Justice [2015] FCAFC 162; (2015) 238 FCR 332 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Mawhinney v Australian Securities and Investments Commission [2022] FCAFC 159 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EGZ17 [2022] FCAFC 12 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 WZAVK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 114
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