Federal Court of Australia
Federal Court of Australia
Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175 Appeal from: MZZMX v Minister for Immigration and Border Protection & Anor [2019] FCCA 1554
File number: VID 731 of 2019
Judgment of: MURPHY, O'CALLAGHAN AND ANASTASSIOU JJ
Date of judgment: 13 October 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – respondent concedes two of three grounds of appeal – whether primary judge erred in finding that decision of the Refugee Review Tribunal was irrational, illogical or legally unreasonable – whether primary judge erred in taking judicial notice of contested fact – whether primary judge failed to afford procedural fairness by failing to raise determinative point with parties – appeal allowed
Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 DHA16 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 1443 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 SZUEP v Minister for Immigration and Border Protection [2017] FCAFC 94; 160 ALD 35
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 38
Date of hearing: 7 November 2019
Counsel for the Appellant: Mr C. Horan QC with Mr T. Goodwin
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