Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Mohammed [2019] FCAFC 49 Appeal from: Mohammed v Minister for Immigration & Anor [2018] FCCA 2893
File number: VID 1405 of 2018
Judges: MIDDLETON, BROMBERG AND KERR JJ
Date of judgment: 27 March 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in finding that a decision of the Administrative Appeals Tribunal (Tribunal) refusing appellant a Permanent Partner visa was affected by jurisdictional error – where Tribunal did not and could not have known of the error – where a criterion for the grant of a Permanent Partner visa is that the applicant holds or has held a Temporary Partner visa – where primary judge in the same proceeding had set aside an earlier decision of the MRT affirming a decision of the Minister to refuse the appellant a Temporary Partner visa – whether it was legally unreasonable for the Tribunal to determine its review in circumstances where its review of a decision refusing a Temporary Partner visa had not yet been made as a matter of law – appeal dismissed
Legislation: Migration Act 1958 (Cth) Pt 8, s 474(1) Migration Regulations 1994 (Cth) reg 2.12F, Sch 2
Cases cited: BBS15 v Minister for Immigration and Border Protection [2017] FCAFC 61; 248 FCR 159 Boakye-Danquah v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 438; 116 FCR 557 Daily Telegraph Newspaper Co Ltd v McLaughlin (1904) 1 CLR 479; [1904] AC 776 HFM043 v Republic of Nauru [2018] HCA 37; 92 ALJR 817 Jadwan Pty Ltd v Secretary, Department of Health and Aged Care [2003] FCAFC 288; 145 FCR 1 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 92 ALJR 713 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 Park Oh Ho v Minister for Immigration and Ethnic Affairs [1989] HCA 54; 167 CLR 637 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; 211 CLR 476 R v Governor of Brockhill Prison; Ex parte Evans (No 2) [2001] 2 AC 19 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32; 241 FCR 121
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