Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ALR17 v Minister for Home Affairs [2019] FCAFC 182 Appeals from: ALR17 v Minister for Immigration [2018] FCCA 3407; 340 FLR 306 DYG18 v Minister for Home Affairs [2019] FCCA 1142
File numbers: QUD 889 of 2018 NSD 883 of 2019
Judges: NICHOLAS, GRIFFITHS AND GLEESON JJ
Date of judgment: 18 October 2019
Catchwords: MIGRATION – fast track review process under Pt 7AA of the Migration Act 1958 (Cth) – whether the Immigration Assessment Authority is obliged by obligations of procedural fairness to put to referral applicants for comment any matters it considers adverse to them – where the appellants' procedural fairness cases did not particularise any adverse material which they say was not put to them – no practical injustice – appeals dismissed, with costs
Legislation: Migration Act 1958 (Cth) ss 46A, 51A, 57, 65, 473BA, 473CB, 473DA, 473DB, 473DD, 473FA, 473GA, 473GB Migration and Maritime Powers Legislation (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth)
Cases cited: Annetts v McCann [1990] HCA 57; 170 CLR 596 Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; 252 CLR 38 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 CRJ17 v Minister for Immigration and Border Protection [2018] FCA 1404 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DYG18 v Minister for Home Affairs [2019] FCCA 1142 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 259 CLR 180 Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Twist v Randwick Municipal Council [1976] HCA 58; 136 CLR 106
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