Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145 Citation: Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145
Appeal from: SZSNW v Minister for Immigration & Anor [2014] FCCA 134
Parties: MINISTER FOR IMMIGRATION AND BORDER PROTECTION v SZSNW and PETER MCDERMOTT IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER
File number(s): NSD 562 of 2014
Judge(s): MANSFIELD, BUCHANAN AND PERRAM JJ
Date of judgment: 3 November 2014
Catchwords: ADMINISTRATIVE LAW – appeal from Federal Circuit Court of Australia – reasons and recommendation of Independent Merits Reviewer in relation to refugee status assessment – where the reasons proceed on a false factual premise – where false factual premise destructive of applicant's credit – whether decision of Independent Merits Reviewer was unreasonable in a legal sense – whether reasons and recommendation contained legal error – whether acting on the false factual premise denied the applicant procedural fairness
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth), s 28(1)(b) Migration Act 1958 (Cth), ss 36(2), 46A
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Craig v South Australia (1995) 184 CLR 163 FTZK v Minister for Immigration and Border Protection [2014] HCA 26 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 308 ALR 280 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M61/2010E v The Commonwealth of Australia (2010) 243 CLR 319 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZSNW v Minister for Immigration & Anor [2014] FCCA 134 SZRHL v Minister for Immigration and Citizenship [2013] FCA 1093
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