The issue is discussed in MZZES v Minister for Immigration and Border Protection [2015] FCA 397.
Also, the mere fact that a claim on the materials before the Tribunal is not subject of oral submissions does not mean it is abandoned: SZVWF v Minister For Immigration & Border Protection [2016] FCCA 2532, [24]-[25]; SZTSM v Minister for Immigration and Border Protection [2015] FCCA 583, [25]; SZSRQ v Minister for Immigration [2014] FCCA 2205, [58]-[62].