CJU15 v Minister for Immigration and Border Protection [2018] FCAFC 45

FEDERAL COURT OF AUSTRALIA

CJU15 v Minister for Immigration and Border Protection [2018] FCAFC 45 Appeal from: CJU15 v Minister for Immigration [2017] FCCA 424

File number: NSD 622 of 2017

Judges: PERRAM, FARRELL AND GLEESON JJ

Date of judgment: 28 March 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Administrative Appeals Tribunal – whether denial of procedural fairness before Tribunal – whether Appellant put on notice by Tribunal of adverse findings – where delegate and Tribunal reached the same conclusion on different bases

Cases cited: SZBEL v Minister for Immigration and Multicultural Affairs and Indigenous Affairs (2006) 228 CLR 152

Date of hearing: 23 February 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 21

Counsel for the Appellant: Mr M Gibian

Counsel for the Respondents: Mr D Hughes

Solicitor for the Respondents: DLA Piper Australia

ORDERS NSD 622 of 2017

BETWEEN: CJU15 Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGES: PERRAM, FARRELL AND GLEESON JJ DATE OF ORDER: 28 MARCH 2018

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The First Respondent pay the Appellant's costs. 3. The orders of the Federal Circuit Court made on 10 April 2017 be set aside and in lieu thereof order that: (a) There issue absolute in the first instance a writ of certiorari to quash the decision of the Tribunal made on 21 October 2015 in matter CLF 2013/296912. (b) There issue absolute in the first instance a writ of mandamus to the Tribunal to compel it to decide the matter according to law. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.