SZSSC v Minister for Immigration and Border Protection [2014] FCA 863

FEDERAL COURT OF AUSTRALIA

SZSSC v Minister for Immigration and Border Protection [2014] FCA 863 Citation: SZSSC v Minister for Immigration and Border Protection [2014] FCA 863

Appeal from: SZSSC v Minister for Immigration and Border Protection [2014] FCCA 728

Parties: SZSSC v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number(s): NSD 361 of 2014

Judge(s): GRIFFITHS J

Date of judgment: 15 August 2014

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Federal Circuit Court dismissing judicial review application – whether the Tribunal's decision was illogical or irrational – whether there was jurisdictional error where the Tribunal did not consider and determine clearly articulated submissions of substance – whether this amounted to procedural unfairness and/or constructive failure to exercise jurisdiction – discussion of relevant legal principles when assessing whether the failure to consider and determine a submission of substance amounts to jurisdictional error MIGRATION – discussion of provisions regarding the Tribunal's review function – consideration of ss 65, 414, 425 and 430 of the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 36, 65, 414, 415, 425, 430, 476

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 136 ALD 547 Minister for Immigration and Citizenship v SZGUR [2011] FCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZJSS [2010] HCA 18; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Rawson Finances Pty Ltd v Commissioner of Taxation [2013] FCAFC 26; (2013) 296 ALR 307 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 168 ALR 407 Salahuddin v Minister for Immigration and Border Protection [2013] FCAFC 141 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; (2012) 202 FCR 1 SZRBA v Minister for Immigration and Border Protection [2014] FCAFC 81 SZRHS v Minister for Immigration and Citizenship [2014] FCA 121 SZRKT v Minister for Immigration and Citizenship [2013] FCA 317; 212 FCR 99 SZSLD v Minister for Immigration and Citizenship [2013] FCA 547 Tisdall v Webber [2011] FCAFC 76; (2011) 193 FCR 260 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117