Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVBN v Minister for Immigration and Border Protection [2017] FCAFC 90 Appeal from: SZVBN & Ors v Minister for Immigration & Anor [2015] FCCA 2977
File number: NSD 527 of 2016
Judges: SIOPIS, ROBERTSON, GRIFFITHS, MORTIMER AND WIGNEY JJ
Date of judgment: 7 June 2017
Catchwords: MIGRATION – whether ss 48A and 46(1)(d) of the Migration Act 1958 (Cth) as then in force applied to render not valid a second application for a protection visa concerning a mother and her young daughter and young son in circumstances where an earlier protection visa application involving those three persons had been assessed and refused PRACTICE AND PROCEDURE – whether preferable to determine appeal by reference to the order made by the Federal Circuit Court of Australia to dismiss the review application as opposed to the separate question which was defective Held: appeal allowed – matter remitted to Federal Circuit Court of Australia for reconsideration according to law and to make appropriate findings of fact concerning the mother's parental authority and the legal capacity of her children
Legislation: Immigration (Guardianship of Children) Act 1946 (Cth) Migration Act 1958 (Cth) ss 4, 5, 29, 30, 31, 36, 45, 46, 47, 48, 48A, 48B, 50, 56, 57, 65, 78, 83, 91E, 91F, 98 Migration Amendment Act 2014 (Cth) Migration Amendment (Complementary Protection) Act 2011 (Cth) Migration Legislation Amendment Act (No 1) 2014 (Cth) Migration Legislation Amendment Act (No 6) 2001 (Cth) Migration Reform Act 1992 (Cth) ss 4, 29, 30, 31, 36, 45, 46, 47, 48, 48A, 48B, 50, 65, 98 Migration Regulations 1994 (Cth) regs 1.03, 1.12, 2.07, 2.08, 2.08A, 2.08B, 2.09, 2.10, Sch 1 cl 1401, Forms 866B, 866C, 866D, Sch 2 cl 866 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
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