Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 [2020] FCAFC 87 Appeal from: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 [2019] FCA 2033
File number(s): NSD 2109 of 2019 NSD 2110 of 2019
Judge(s): FLICK, PERRY AND THAWLEY JJ
Date of judgment: 18 May 2020
Date of publication of reasons: 20 May 2020
Catchwords: MIGRATION – where Administrative Appeals Tribunal (AAT) decision set aside delegate's decision refusing the respondent's protection visa application under s 501(1), Migration Act 1958 (Cth) and substituted its own decision –appeals from Federal Court decision dismissing Minister's application for judicial review of AAT decision and requiring the Minister to determine respondent's application within a specified timeframe – where substantive issues on appeal rendered moot by Minister's subsequent decision to refuse the visa under s 501A(2) – where, applying principles in Bonan v Hadgkiss (2007) 160 FCR 29, on balance it was not appropriate to determine the correctness of the primary judge's decision on the appeals – appeals dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) ss 65, 501, 501A(2)
Cases cited: Bonan v Hadgkiss [2007] FCAFC 113; (2007) 160 FCR 29 Civil Aviation Safety Authority v Administrative Appeals Tribunal [2001] FCA 1319 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 [2019] FCA 2033
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