Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BXK15 v Minister for Immigration and Border Protection [2018] FCAFC 76 Appeal from: BXK15 & Ors v Minister for Immigration & Anor [2017] FCCA 889
File number: VID 643 of 2017
Judges: NORTH, LOGAN AND CHARLESWORTH JJ
Date of judgment: 22 May 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – consideration of corroborative evidence – whether Tribunal failed to consider corroborative evidence – whether Tribunal's failure to consider corroborative evidence amounted to jurisdictional error – whether the primary judge erred in finding no jurisdictional error because the judge was not satisfied there was some possibility the outcome would have changed MIGRATION – whether Tribunal breached s 424AA Migration Act 1958 (Cth) – whether the Tribunal failed to put particulars of country information to the appellants during the hearing MIGRATION – whether the Tribunal contravened s 425 Migration Act 1958 (Cth) – whether the appellants were afforded meaningful opportunity to present arguments and make submissions – circumstances where Tribunal believed it had put particulars of country information to the appellants at the hearing
Legislation: Migration Act 1958 (Cth) ss 415, 424AA, 425
Cases cited: Ayoub v Minister for Immigration (2015) 231 FCR 513 Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 Craig v South Australia (1995) 184 CLR 163 Jebb v Repatriation Commission (1988) 80 ALR 329 Minister for Immigration and Border Protection v MZAIV [2016] FCA 251 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16, (2014) 309 ALR 67 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration & Multicultural & Indigenous Affairs v SCAR [2003] FCAFC 126; (2003) 128 FCR 553 New Zealand v Moloney [2006] FCAFC 143; (2006) 154 FCR 250 Public Service Board of NSW v Osmond (1986) 159 CLR 656 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30, (2003) 198 ALR 59 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 Selvadurai, V. v. The Minister for Immigration & Ethnic Affairs & Anor [1994] FCA 301 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 2; (2006) 150 FCR 214 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415
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