BZABI v Minister for Immigration and Citizenship [2012] FCA 1117

FEDERAL COURT OF AUSTRALIA

BZABI v Minister for Immigration and Citizenship [2012] FCA 1117 Citation: BZABI v Minister for Immigration and Citizenship [2012] FCA 1117

Appeal from: BZABI & Anor v Minister for Immigration and Citizenship & Anor [2012] FMCA 286

Parties: BZABI and BZABJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL

File number: QUD 203 of 2012

Judge: MCKERRACHER J

Date of judgment: 16 October 2012

Catchwords: MIGRATION – appeal from Federal Magistrates Court dismissing application for judicial review of decision by the Refugee Review Tribunal – protection visa – whether grounds of appeal seeking impermissible merits review of Tribunal's decision – whether jurisdictional error – consideration of nature of appeal from Federal Magistrates Court

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 25(1AA) Migration Act 1958 (Cth) s 422B

Cases cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Craig v South Australia (1995) 184 CLR 163 Mineo v Etna (2009) 176 FCR 74 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Lat (2006) 151 FCR 214 MZWVH v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1016 SJSB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 225 SZBCS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 25 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 SZCIJ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 62 SZKJU v Minister for Immigration and Citizenship [2008] FCA 802 SZOCK v Minister for Immigration and Citizenship [2010] FCA 719