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Plaintiff S244/2012 v Minister for Immigration and Border Protection [2016] FCA 1227

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MIGRATION - appeal from orders of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the then Refugee Review Tribunal (Tribunal) - whether the primary judge erred in failing to hold that the Tribunal impeded the first appellant from giving evidence and thereby breached s 425 of the Migration Act 1958 (Cth) - whether the primary judge erred by not holding that the Tribunal failed to highlight the issues of concern or express in some way that any of the first appellant's evidence was not accepted or being challenged and thereby breached s 425 - whether the primary judge erred by failing to hold that the Tribunal made a finding without evidence - whether the primary judge failed to deal with or misunderstood ground 4 in respect of the Tribunal's reasons stating "in consideration of evidence as a whole" - whether the primary judge erred in not dealing with the substance of ground 6 that the Tribunal failed to take account of the evidence in a statutory declaration PRACTICE AND PROCEDURE - form of notice of appeal - notice of appeal failing to state briefly but specifically the grounds relied on in support of the appeal - notice of appeal including argument and submissions APPEAL AND NEW TRIAL - whether if the primary judge did not deal with a particular ground this Court had no jurisdiction to determine that ground and the matter must be remitted to the primary judge

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