SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121

FEDERAL COURT OF AUSTRALIA

SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121 Appeal from: SZMOX v Minister for Immigration [2018] FCCA 533 SZMOY v Minister for Immigration [2018] FCCA 532

File numbers: NSD 480 of 2018 NSD 482 of 2018

Judges: COLLIER, BARKER AND DAVIES JJ

Date of judgment: 9 August 2018

Catchwords: MIGRATION – protection visa applications – appeal against decision of Federal Circuit Court dismissing application for judicial review of decision of the Minister – where the Minister rejected lodgement of protection visa applications – where the Minister determined that applications were not valid because of s 48A of the Migration Act 1958 (Cth) (the Act) – where appellants contended that earlier protection visa applications were not valid because they were not in the correct visa application form – where item 1401 in Sch 1 to the Migration Regulations 1994 (Cth) referred to Form 866 – whether s 14 of the Legislation Act 2003 (Cth) was engaged to incorporate specific previous version of Form 866 – whether contrary intention to incorporation of specific previous version of Form 866 was manifest in s 495 of the Act – consideration of BVJ6 v Minister for Immigration and Border Protection [2017] FCA 1205

Legislation: Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 (Cth) Sch 3 item 3 Acts Interpretation Act 1901 (Cth) ss 49A, 49A(1)(a) Legislation Act 2003 (Cth) ss 14, 14(1), 14(1)(b) 14(4) Migration Act 1958 (Cth) ss 36, 48A, 504(2) Migration Regulations 1994 (Cth) Sch 1 item 1401