Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZZKA v Minister for Immigration and Border Protection [2014] FCA 633 Citation: MZZKA v Minister for Immigration and Border Protection [2014] FCA 633
Appeal from: MZZKA v Minister for Immigration & Anor [2014] FCCA 151
Parties: MZZKA v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: VID 110 of 2014
Judge: BROMBERG J
Date of judgment: 17 June 2014
Catchwords: MIGRATION – appeal from dismissal of application for judicial review – whether Federal Circuit Court failed to identify jurisdictional error in decision of Refugee Review Tribunal – whether Tribunal failed to consider claims made by the appellant – whether inference can be drawn that claim made was not considered where Tribunal's reasons lack factual findings about facts material to the claim – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 36(1), 36(2)(a), 36(2)(aa), 430
Cases cited: MZZKA v Minister for Immigration & Anor [2014] FCCA 151 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114 HTUN v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
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