Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTGS v Minister for Immigration and Border Protection [2014] FCA 908 Citation: SZTGS v Minister for Immigration and Border Protection [2014] FCA 908
Appeal from: SZTGS v Minister for Immigration and Border Protection [2014] FCCA 468
Parties: SZTGS v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 230 of 2014
Judge: LOGAN J
Date of judgment: 22 August 2014
Catchwords: MIGRATION – appeal by leave from a judgment of the Federal Circuit Court summarily to dismiss a judicial review application – whether that court erred in failing to conclude that the Refugee Review Tribunal had committed jurisdictional error by a failure to give a written statement of reasons in accordance with the requirements of s 430 of the Migration Act 1958 (Cth) Held: Reasons furnished by the Tribunal did not comply with the requirements of s 430 of the Migration Act 1958 (Cth) – Federal Circuit Court erred in dismissing the judicial review application – matter remitted to the Tribunal for determination according to law
Legislation: Judiciary Act 1903 (Cth) ss 37M, 37N, 55ZF Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 36, 425, 426A, 430, 486I Federal Court Rules 2011 (Cth) r 4.12 Federal Circuit Court Rules 2001 (Cth) r 44.12(1)(a)
Cases cited: Buck v Bavone (1976) 135 CLR 110 cited Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333 cited Minister for Immigration and Border Protection v MZYTS (2013) 136 ALD 547 considered Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 considered Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362 followed Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1986) 185 CLR 259 considered Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited NAKD v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 321 considered SZTGS v Minister for Immigration and Border Protection [2014] FCA 551 cited SZTGS v Minister for Immigration and Border Protection [2014] FCA 676 cited VCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 141 considered
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