Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZACT v Minister for Immigration and Border Protection [2014] FCA 70 Citation: AZACT v Minister for Immigration and Border Protection [2014] FCA 70
Appeal from: AZACT v Minister for Immigration & Citizenship & Anor [2013] FCCA 1221
Parties: AZACT v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: SAD 256 of 2013
Judge: BESANKO J
Date of judgment: 14 February 2014
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of decision of the Refugee Review Tribunal – jurisdictional error – procedural fairness – Migration Act 1958 (Cth) ss 425(1) and 36(3) – Refugee Review Tribunal conducting fresh hearing – whether the appellant was on notice of the issues arising in relation to the decision under review – whether the appellant was given the opportunity to give evidence and present arguments in relation to the issues arising in in relation to the decision under review – whether compliance with s 425(1) would affect conclusion that the appellant's case fell within s 36(3). Held: Appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 36, 65, 425
Cases cited: Re Refugee Review Tribunal Another; Ex parte Aala (2000) 204 CLR 82 Stead v State Government Insurance Commission (1986) 161 CLR 141 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2006) 228 CLR 152
Date of hearing: 22 November 2013
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