Minister for Immigration and Border Protection v SZVCH [2016] FCAFC 127

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v SZVCH [2016] FCAFC 127 Appeal from: SZVCH v Minister for Immigration & Anor [2015] FCCA 2950

File number: NSD 1612 of 2015

Judges: DOWSETT, KENNY, SIOPIS, BESANKO AND MORTIMER JJ

Date of judgment: 14 September 2016

Catchwords: MIGRATION – Refugee Review Tribunal (Tribunal) affirmed delegate's decision not to grant SZVCH a protection visa – Federal Circuit Court of Australia (FCCA) held the Tribunal was obliged to consider the applicability of both s 36(2)(a) and (aa) of the Migration Act 1958 (Cth) where delegate had considered both criteria – FCCA held that the Tribunal fell into jurisdictional error by failing to consider both criteria – whether FCCA erred in holding that the Tribunal fell into jurisdictional error – whether SZVCH's application was invalid by operation of s 48A of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) Migration Amendment Act 2014 (Cth) Migration Amendment (Complementary Protection) Act 2011 (Cth) Migration Legislation Amendment Act (No 6) 2001 (Cth) Migration Reform Act 1992 (Cth) Explanatory Memorandum, Migration Amendment (Complementary Protection) Bill 2011 (Cth) Explanatory Memorandum, Migration Legislation Amendment Bill (No 6) 2001 (Cth) Second Reading Speech, Migration Legislation Amendment Bill (No 6) 2001 (Cth) Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951 (as amended by the Protocol Relating to the Status of Refugees, done at New York on 31 January 1967)