Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSSJ v Minister for Immigration and Border Protection [2014] FCAFC 143 Citation: SZSSJ v Minister for Immigration and Border Protection [2014] FCAFC 143
Appeal from: SZSSJ v Minister for Immigration & Anor [2014] FCCA 1379
Parties: SZSSJ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 704 of 2014
Judges: PERRAM, JAGOT AND GRIFFITHS JJ
Date of judgment: 29 October 2014
Catchwords: MIGRATION – application for extension of time and leave to appeal from decision of Federal Circuit Court – identification of relevant "migration decision" for purposes of jurisdiction – whether conduct of respondent "conduct preparatory to the making of a decision" within the meaning of s 474(3)(h) of the Migration Act – procedural fairness – application allowed – appeal allowed
Legislation: Federal Circuit Court Rules 2001 (Cth) r 44.12 Migration Act 1958 (Cth) ss 5, 48, 195A, 198, 336E, 417, 431, 474, 476 Migration Regulations 1994 (Cth) reg 5.35AA
Cases cited: NASB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 24 Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32; (2011) 244 CLR 144
Date of hearing: 24 October 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 46
Counsel for the Applicant: Mr A Hochroth
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