Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSXT v Minister for Immigration and Border Protection [2014] FCAFC 40 Citation: SZSXT v Minister for Immigration and Border Protection [2014] FCAFC 40
Parties: SZSXT v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and JUDGES OF THE FEDERAL CIRCUIT COURT OF AUSTRALIA
File number: NSD 2557 of 2013
Judges: PERRAM, ROBERTSON AND GRIFFITHS JJ
Date of judgment: 4 April 2014
Catchwords: ADMINISTRATIVE LAW – administration by superior courts of certiorari to supervise the exercise of jurisdiction by inferior courts – application to quash orders of Federal Circuit Court for third party fraud on the applicant and that Court – effect of third party fraud on ability of Federal Circuit Court to discharge its supervisory jurisdiction over the Refugee Review Tribunal EVIDENCE – admissibility of new evidence where allegation of third party fraud on Federal Circuit Court – public law – administration by superior courts of certiorari to supervise the exercise of jurisdiction by inferior courts
Legislation: Federal Court of Australia Act 1976 (Cth) s 20(1A) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 412, 476, 477
Cases cited: Boughen v Abel [1987] 1 Qd R 138 Briginshaw v Briginshaw (1938) 60 CLR 336 Craig v South Australia (1995) 184 CLR 163 Di Carlo v Dubois [2007] QCA 316 Jones v Dunkel (1959) 101 CLR 298 McHarg v Woods Radio Pty Ltd [1948] VLR 496 Minister for Immigration and Citizenship v SZLIX (2008) 245 ALR 501; [2008] FCAFC 17 Monroe Schneider Associates Inc v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 R v Northumberland Compensation Appeal Tribunal; Ex parte Shaw [1952] 1 KB 338 R v Wolverhampton Crown Court; Ex parte Crofts [1983] 1 WLR 204 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZQVV v Minister for Immigration and Citizenship (2012) 130 ALD 472; [2012] FCA 871 SZSXT v Minister for Immigration & Anor [2013] FCCA 1293 SZSXT v Minister for Immigration and Border Protection [2013] FCA 1394 SZSXT v Minister for Immigration and Border Protection [2013] FCA 1416 SZSXT v Minister for Immigration and Border Protection [2013] FCA 1440 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Date of hearing: 12 March 2014
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