Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12 Appeal from: DGZ16 v Minister for Immigration & Anor [2017] FCCA 623
File number: NSD 618 of 2017
Judges: REEVES, ROBERTSON AND RANGIAH JJ
Date of judgment: 1 February 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – judicial review by that Court of decision of the Immigration Assessment Authority (Authority) affirming a decision of a delegate of the Minister to refuse to grant the respondent a Safe Haven Enterprise (Class XE) Subclass 790 visa, but on a different basis – that Court found no jurisdictional error on the part of the Authority to be established – whether appellable error on the part of the primary judge – whether the decision of the Authority legally unreasonable – whether denial of procedural fairness – whether [21] of the Authority's Practice Direction inconsistent with s 473DC or s 473DD of the Migration Act or an unreasonable exercise of the power conferred by s 473FB
Legislation: Migration Act 1958 (Cth) s 36, Pt 7AA
Cases cited: Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152
Date of hearing: 9 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 108
Counsel for the Appellant: Mr LJ Karp
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