Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTVU v Minister for Immigration and Border Protection [2015] FCA 1449 Citation: SZTVU v Minister for Immigration and Border Protection [2015] FCA 1449
Appeal from: SZTVU v Minister for Immigration & Anor [2015] FCCA 1620
Parties: SZTVU v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 747 of 2015
Judge: PERRY J
Date of judgment: 17 December 2015
Catchwords: MIGRATION - appeal against Federal Circuit Court decision refusing application for judicial review of decision by Refugee Review Tribunal – whether primary judge erred in failing to find that Tribunal failed to provide the appellant with a fair hearing – whether the appellant being in detention was the sole factor for deciding not to adjourn hearing – whether the appellant was denied a fair hearing in circumstances where the appellant's advisor was not prepared for hearing – whether appellant was denied a fair hearing in circumstances where the Tribunal considered psychological report only after the hearing – where no error in the decision of the Court below
Legislation: Migration Act 1958 (Cth) ss 36, 45, 422B, 424A, 425 427(1)(b)
Cases cited: House v R (1936) 55 CLR 499 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252
Date of hearing: 21 August 2015
Place: Sydney
Division: GENERAL DIVISION
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