Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192 Appeal from: CHF16 & Anor v Minister for Immigration & Anor [2017] FCCA 405
File number: NSD 390 of 2017
Judges: GILMOUR, ROBERTSON AND KERR JJ
Date of judgment: 29 November 2017
Catchwords: MIGRATION – whether primary judge erred in finding that the Immigration Assessment Authority (Authority) did not misconstrue or misapply the phrase "exceptional circumstances" in s 473DD(a) of the Migration Act 1958 (Cth) and so made a jurisdictional error – Held: appeal allowed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 473DD, 473EA
Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176
Date of hearing: 10 November 2017
Date of last submissions: 24 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 50
Counsel for the First Appellant: Ms EC Graham
Counsel for the Second Appellant: Ms IJ King
Counsel for the First Respondent: Mr GT Johnson SC with Ms R Francois
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent submitted, save as to costs
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