Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ATP15 v Minister for Immigration and Border Protection [2016] FCAFC 53 Appeal from: ATP15 & Anor v Minister for Immigration & Anor [2015] FCCA 2289
File number: NSD 1086 of 2015
Judges: TRACEY, FLICK AND GRIFFITHS JJ
Date of judgment: 5 April 2016
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court – where Refugee Review Tribunal had affirmed the decision of the Minister's delegate not to grant the appellants Protection visas – whether s 424 of the Migration Act 1958 (Cth) was enlivened – where a s 424A letter had been provided to the appellants inviting them to comment – whether "clear particulars" had been provided in accordance with s 424A ADMINISTRATIVE LAW – Powers of Tribunal to seek and obtain information – where Tribunal "gets" information in the course of another review – Tribunal's obligation to have regard to that information it considers relevant
Legislation: Migration Act 1958 (Cth), ss 359(1), 362A(1), 423(1), 424, 424(1), 424A, 424A(1), 424A(1)(a), 425(1), 426(2), 427(1)(d), 427(3) Federal Court Rules 2011 (Cth), r 1.39
Cases cited: DZADQ v Minister for Immigration and Border Protection [2014] FCA 754, (2014) 143 ALD 659 Minister for Immigration and Citizenship v Maman [2012] FCAFC 13, (2012) 200 FCR 30 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30, (2009) 238 CLR 489 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Border Projection v SZTJF [2015] FCA 1052 Minister for Immigration and Citizenship v SZLFX [2009] HCA 31; (2009) 238 CLR 507 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 SZBYR & Anor v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 96 ALD 1 SZLPO v Minister for Immigration and Citizenship (No 2) [2009] FCAFC 60, (2009) 177 FCR 29 SZNKO v Minister for Immigration and Citizenship [2010] FCA 297, (2010) 184 FCR 505 SZRLO v Minister for Immigration and Citizenship [2013] FCA 825 SZSYG v Minister for Immigration and Border Protection [2015] FCA 1319 SZTGV v Minister for Immigration and Border Protection [2015] FCAFC 3, (2015) 229 FCR 90 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117
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