Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40 Appeal from: CPA16 v Minister for Immigration & Anor [2018] FCCA 2700
File number: VID 1324 of 2018
Judge: YATES, MURPHY AND MOSHINSKY JJ
Date of judgment: 12 March 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court quashing decision of the Immigration Assessment Authority which affirmed delegate's refusal to grant protection visa – where visa applicant provided to delegate two letters of support in corroboration of his claims – where Authority was not provided and so could not consider one of the two letters – admitted failure by Secretary to comply with s 473CB(1)(b) of the Migration Act 1958 (Cth) – whether non-compliance amounted to jurisdictional error – whether letter of support could realistically have resulted in a different outcome – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Applicant NAAF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1; [2004] HCA 62 ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 Craig v South Australia (1995) 184 CLR 163 CRJ16 v Minister for Immigration & Anor [2017] FCCA 727 EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1; [2018] HCA 34 Lansen v Minister for Environment and Heritage (2008) 174 FCR 14; [2008] FCAFC 189 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 VAAD v Minister for Immigration and Multicultural Affairs [2005] FCAFC 117
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate