SZUTM v Minister for Immigration and Border Protection [2016] FCA 45

FEDERAL COURT OF AUSTRALIA

SZUTM v Minister for Immigration and Border Protection [2016] FCA 45 Appeal from: SZUTM v Minister for Immigration & Anor [2015] FCCA 1212

File number(s): NSD 766 of 2015

Judge(s): MARKOVIC J

Date of judgment: 5 February 2016

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – whether Tribunal fell into jurisdictional error in failing to consider a claim said to arise on the materials before it – whether the Tribunal constructively failed to exercise its jurisdiction – whether the Tribunal fell into jurisdictional error for reaching conclusions which were illogical or not supported by evidence

Legislation: Migration Act 1958 (Cth) ss 438(1), 476

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural (2003) 216 CLR 473 Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 221 CLR 1 Australasian Meat Employees' Union v Fair Work Australia (2012) 203 FCR 389 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Minister for Immigration and Border Protection v SZSWB [2014] FCAFC 106 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No2) (2004) 144 FCR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZSSC v Minister for Immigration and Border Protection (2014) 317 ALR 365 SZTAD v Minister for Immigration and Border Protection [2014] FCA 1256