Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BEG15 v Minister for Immigration and Border Protection [2017] FCAFC 198 Appeal from: BEG15 v Minister for Immigration and Border Protection [2016] FCCA 2778
File number: NSD 1967 of 2016
Judges: KENNY, TRACEY AND GRIFFITHS JJ
Date of judgment: 29 November 2017
Catchwords: MIGRATION – appeal from a decision of Federal Circuit Court of Australia – whether primary judge erred in failing to find a decision of the then Refugee Review Tribunal was affected by jurisdictional error – whether primary judge erred in failing to find a certificate issued under s 438 of the Migration Act 1958 (Cth) was invalid – whether primary judge erred in failing to find consequential failure by Tribunal to put material covered by the s 438 certificate to the appellant for comment – whether denial of procedural fairness
Legislation: Migration Act 1958 (Cth) ss 5, 36, 424A, 438
Cases cited: BEG15 v Minister for Immigration and Border Protection [2016] FCCA 2778; 315 FLR 196 Minister for Immigration and Border Protection v BJN16 [2017] FCAFC 197 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183; 244 FCR 305 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; 243 FCR 1 MZZZW v Minister for Immigration and Border Protection [2015] FCAFC 133; 234 FCR 154 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69; 243 FCR 556 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 347 ALR 275
Date of hearing: 22 September 2017
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