Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Smith [2019] FCAFC 137 Appeal from: Smith v Minister for Home Affairs [2019] FCA 45
File number: ACD 7 of 2019
Judges: JAGOT, PERRY AND MARKOVIC JJ
Date of judgment: 19 August 2019
Catchwords: MIGRATION – whether the respondent was denied procedural fairness – denial of procedural fairness found – decision of primary judge upheld – appeal dismissed with costs
Legislation: Migration Act 1958 (Cth)
Cases cited: Degning v Minister for Home Affairs [2019] FCAFC 67 R v Smith [2005] QCA 204 Smith v Minister for Home Affairs [2019] FCA 45 Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; 219 FCR 212
Date of hearing: 7 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 35
Counsel for the Appellant: Mr G Johnson SC with Mr PM Knowles
Solicitor for the Appellant: Clayton Utz
Counsel for the Respondent: Mr S Prince SC with Mr S Lawrence
Solicitor for the Respondent: Hearn Legal
ORDERS ACD 7 of 2019
BETWEEN: MINISTER FOR HOME AFFAIRS Appellant
AND: LORI DAYON SMITH Respondent
JUDGES: JAGOT, PERRY AND MARKOVIC JJ DATE OF ORDER: 19 August 2019
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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