Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUDE v Minister for Immigration and Border Protection [2015] FCA 1202 Citation: SZUDE v Minister for Immigration and Border Protection [2015] FCA 1202
Appeal from: SZUDE v Minister for Immigration & Anor [2015] FCCA 60
Parties: SZUDE v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 362 of 2015
Judge: MCKERRACHER J
Date of judgment: 10 November 2015
Catchwords: MIGRATION – right to enter and reside in third country – whether a decision-maker is required to consider s 36(2) before s 36(3) of the Migration Act 1958 (Cth) – whether determination of visa application under s 36(3) without making an express finding under s 36(2) is a jurisdictional error
Legislation: Constitution, s 75(v) Migration Act 1958 (Cth) s 36, 36(2), 36(3)
Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Treaty of Peace and Friendship Between the Government of India and the Government of Nepal, 31 July 1950, Kathmandu, [1950] INTSer 12 arts 6, 7
Cases cited: BRGAE of 2008 v Minister for Immigration and Citizenship [2009] FCA 543 Minister for Immigration and Multicultural Affairs v Singh (2002) 209 CLR 533 Minister for Immigration, Multicultural Affairs and Citizenship v SZRHU (2013) 215 FCR 35 NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 130 FCR 46 NBGM v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 522 NBGM v Minister for Immigration and Multicultural Affairs (2006) 231 CLR 52 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SZNOE v Minister for Immigration and Citizenship [2012] FCA 96 SZRTC v Minister for Immigration and Border Protection (2014) 224 FCR 570 SZRUT v Minister for Immigration and Border Protection [2015] FCCA 263 SZSMG v Minister for Immigration and Border Protection [2014] FCCA 776 SZSMG v Minister for Immigration and Border Protection (2014) 146 ALD 518 SZTOX v Minister for Immigration and Border Protection [2015] FCAFC 77 SZTPK v Minister for Immigration & Anor [2014] FCCA 2259 V856/00A v Minister for Immigration and Multicultural Affairs (2001) 114 FCR 408 V872/00A v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 57 WAGH v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 269 WAKN v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 579
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