MIGRATION - Protection (Class XA) visa - appeal from the Federal Circuit Court of Australia ("FCC") - whether FCC erred in failing to discern jurisdictional error in Tribunal's decision - where the visa applicant, through his migration agent, made to the delegate a claim to be owed protection obligations on the basis of being a member of a particular social group - where the claim was not repeated before the Tribunal - whether the Tribunal constructively failed to exercise its jurisdiction by not engaging with the claim in a real or active way - Tribunal's reasons indicate that it considered the claim not pressed and did not deal with the claim on its merits - where it was conceded that the Tribunal had a duty to consider the claim - Tribunal constructively failed to exercise its jurisdiction under s 414 of the Migration Act 1958 (Cth) - the FCC erred in failing to discern Tribunal's error - appeal allowed
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