Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Citation: CZBH v Minister for Immigration and Border Protection [2014] FCA 1023
Appeal from: CZBH & Anor v Minister for Immigration & Anor [2013] FCCA 2210
Parties: CZBH and CZBI v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: ACD 1 of 2014
Judge: RANGIAH J
Date of judgment: 24 September 2014
Catchwords: MIGRATION – appeal from dismissal by Federal Circuit Court of an application to review decision of Refugee Review Tribunal ("Tribunal") – appellants' solicitor gave notice under s 426(2) of the Migration Act 1958 (Cth) ("the Act") to obtain oral evidence from two witnesses – Tribunal gave no reasons for deciding not to obtain oral evidence – Tribunal exercised discretion under s 426(3) of the Act unreasonably – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 424AA, 426, 427, 428, 429A
Cases cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 cited Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180 cited Chen v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 591 cited House v The King (1936) 55 CLR 499 cited Kaur v Minister for Immigration and Border Protection [2014] FCA 915 cited Minister for Immigration and Border Protection v Singh (2014) 139 ALD 50; [2014] FCAFC 1 cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 cited Minister for Immigration & Multicultural & Indigenous Affairs v Maltsin (2005) 88 ALD 118; [2005] FCAFC 118 applied Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165; [2003] HCA 30 cited SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294 cited VJAF v Minister for Immigration & Multicultural and Indigenous Affairs [2005] FCAFC 178 cited VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158 cited W360/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 211 cited
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