Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089 Citation: SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089
Appeal from: SZVAP & Anor v Minister for Immigration & Anor [2015] FCCA 1380
Parties: SZVAP and SZVAQ v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 701 of 2015
Judge: FLICK J
Date of judgment: 7 October 2015
Catchwords: ADMINISTRATIVE LAW – adverse findings as to credit – jurisdictional error – failure to afford procedural fairness PRACTICE AND PROCEDURE – referral of matter to pro bono counsel PRACTICE AND PROCEDURE – desirability of matter being re-heard by Tribunal differently constituted
Legislation: Migration Act 1958 (Cth), s 425 Federal Court Rules 2011 (Cth) rr 4.12, 36.75
Cases cited: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317, (2013) 212 FCR 99 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, (2000) 58 ALD 609 MZYWL v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 895 MZZSH v Minister for Immigration and Border Protection [2014] FCA 1292 Roesner v Minister for Immigration and Border Protection [2015] FCAFC 132 Swift v SAS Trustee Corporation [2010] NSWCA 182, (2010) 6 ASTLR 339 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, (2006) 228 CLR 152 SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470, (2009) 181 FCR 113 SZSBR v Minister for Immigration and Border Protection [2013] FCA 1208 SZSFS v Minister for Immigration and Border Protection [2015] FCA 534 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZSQY v Minister for Immigration and Border Protection [2013] FCA 1288 SZSRV v Minister for Immigration and Border Protection [2014] FCA 220, (2014) 142 ALD 219 Twynam Agricultural Group Pty Ltd v Williams [2012] NSWCA 326 WAGO of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 437, (2002) 194 ALR 676
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