Federal Court of Australia
Federal Court of Australia
AAM18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1170 Appeal from: AAM18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 312
File number(s): NSD 148 of 2020
Judgment of: GOODMAN J
Date of judgment: 5 October 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 – whether failure to consider integers of appellant's claims – claims subsumed in the Authority's finding that the appellant was not at risk of harm upon return – where grounds of review not raised before primary judge – leave to advance grounds on appeal refused – irrelevance of matters subsequent to the decision to the task of judicial review – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), ss 5, 5H, 5J, 36, 65, 473CB, 473CC
Cases cited: AAM18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Services [2020] FCCA 312 AQK17 v Minister for Immigration and Border Protection [2019] FCA 1176 Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 BHP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1211 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 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 Minister for Immigration and Border Protection v DDK16 [2017] FCAFC 188 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 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
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