Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration & Citizenship v CZAX [2012] FCA 873 Citation: Minister for Immigration & Citizenship v CZAX [2012] FCA 873
Appeal from: CZAX v Minister for Immigration & Anor [2012] FMCA 21
Parties: MINISTER FOR IMMIGRATION & CITIZENSHIP v CZAX and REFUGEE REVIEW TRIBUNAL
File number: ACD 20 of 2012
Judge: NICHOLAS J
Date of judgment: 17 August 2012
Catchwords: MIGRATION – whether open to Federal Magistrate to find that the Tribunal committed jurisdictional error on account of it having failed to consider "sufficiently, fairly or properly" the country information before it – whether open to Federal Magistrate to find that the Tribunal failed to "consider, or consider properly" the "profile" of the respondent – Federal Magistrate erred in finding that the Tribunal's decision was affected by jurisdictional error on these grounds
Legislation: Migration Act 1958 (Cth) s 91R
Cases cited: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Swift v SAS Trustee Corporation [2010] NSWCA 182 Minister for Immigration v SZJSS [2010] HCA 48; (2010) 243 CLR 164
Date of hearing: 22 May 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 51
Counsel for the Appellant: Ms AM Mitchelmore
Solicitor for the Appellant: Clayton Utz
Counsel for the First Respondent: Mr S Nguyen
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