Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33 Appeal from: SZVFW v Minister for Immigration and Border Protection [2016] FCCA 2083
File number: NSD 1520 of 2016
Judges: GRIFFITHS, KERR AND FARRELL JJ
Date of judgment: 2 March 2017
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia under s 24 of the Federal Court of Australia Act 1976 (Cth) – appeal in the nature of a rehearing – whether primary judge erred in finding that the Administrative Appeals Tribunal's decision under s 426A of the Migration Act 1958 (Cth) was unreasonable in the legal sense – whether there was an appealable error on the part of the primary judge Held: appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) s 425, 425A, 426A, 441A, 441C Federal Court of Australia Act 1976 (Cth) s 24
Cases cited: Australian Trade Commissioner v Solarex Pty Ltd [1987] FCA 701 AZAFB v Minister for Immigration and Border Protection [2015] FCA 1383 Branir v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Cain v Glass (No 2) (1985) 3 NSWLR 230 Da Costa v Cockburn Salvage & Trading Pty Ltd [1970] HCA 43; 124 CLR 192 Kaur v Minister for Immigration and Border Protection [2014] FCA 915; 236 FCR 393 Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 Lovell v Lovell 1950 HCA 52; 81 CLR 513 Malecaj v Minister for Immigration and Border Protection [2016] FCA 1508 Mesa Minerals Limited v Mighty River International Limited [2016] FCAFC 16; 241 FCR 241 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v SZFHC [2006] FCAFC 73; 150 FCR 439 MZALO v Minister for Immigration and Border Protection [2016] FCA 1339 Plaintiff B9/2014 v Minister for Immigration and Border Protection [2014] FCAFC 178; 227 FCR 494 Ponugoti v Minister for Minister for Immigration and Border Protection [2015] FCA 67 SZUUR v Minister for Immigration and Border Protection [2016] FCA 123; 241 FCR 409
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