Federal Court of Australia
Federal Court of Australia
Huynh v Minister for Immigration and Border Protection [2020] FCAFC 153 Appeal from: Huynh and Anor v Minister for Immigration and Anor [2019] FCCA 3693
File number(s): VID 15 of 2020
Judgment of: REEVES, BROMWICH AND ANDERSON JJ
Date of judgment: 18 September 2020
Catchwords: MIGRATION – whether there was a denial of procedural fairness in one Federal Circuit Court Judge relying on draft reasons of another Federal Circuit Judge – whether Tribunal misconstrued or misapplied s 5F of the Migration Act 1958 (Cth) – whether there was a denial of procedural fairness in failing to disclose to the appellant certain material available to the Tribunal which might have disclosed maker of certain allegations MIGRATION – no denial of procedural fairness which was sufficiently material to constitute jurisdictional error – when Tribunal's reasons are fairly read, Tribunal conducted an evaluative assessment which did not represent a misinterpretation or misapplication of s 5F – no appellable error demonstrated – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 43 Migration Act 1958 (Cth), ss 5F, 357A, 362A, 375A Migration Regulations 1994 (Cth), reg 1.15A
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38 Bell Lawyers Pty Ltd v Pentelow (2019) 372 ALR 555 Branir Pty Ltd v Owston Nominees Pty Ltd (No. 2) Pty Ltd [2001] FCA 1833 Fox v Percy (2003) 214 CLR 118 He v Minister for Immigration and Border Protection [2017] FCAFC 206 Kazar (Liquidator) v Kargarian; In the Matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136 Kioa v West (1985) 159 CLR 550 Latoudis v Casey (1990) 170 CLR 534 Lee v Lee (2019) 266 CLR 129 Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 Minister for Immigration and Border Protection v Singh [2016] FCAFC 183 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Northern Territory v Sangare (2019) 265 CLR 164 Oshlack v Richmond River Council (1998) 193 CLR 72 Parvin v Minister for Immigration and Border Protection and Another [2019] FCAFC 86 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Robinson Helicopter Co Inc v McDermott (2016) 90 ALJR 679 Snedden v Minister for Justice for the Commonwealth of Australia [2014] FCAFC 156 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152
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