Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 417 Appeal from: Shahin Dokht Nozohoor Mehrabad v Secretary, Department of Immigration and Border Protection [2015] AATA 790
File number(s): ACD 122 of 2015
Judge(s): GRIFFITHS J
Date of judgment: 26 April 2016
Catchwords: ADMINISTRATIVE LAW – whether procedural fairness was denied in summary dismissal of review application under s 42B of the Administrative Appeals Tribunal Act 1975 (Cth) – whether Administrative Appeals Tribunal (AAT) decision erroneously made in absence of withheld evidence – whether "fresh evidence" was not adequately considered – whether AAT should have referred question of law to the Federal Court – freedom of information - appeal against summary dismissal of application to review decision under s 48 of the Freedom of Information Act 1982 (Cth)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 2A, 36D(2)(a), 42B, 42B(1)(b), 44, 44(4), 44(7), 44(8), 45 Federal Court of Australia Act 1976 (Cth), Pt III Div 1, Div 2, ss 24, 27 Freedom of Information Act 1982 (Cth), Pt V, ss 48, 51, 54L, 54W(b) Migration Act 1958 (Cth), ss 420, 420(1), 476, 476(1) Victorian Civil and Administrative Appeals Tribunal Act 1998 (Vic), ss 148, 148(1), 148(7) Judiciary Act 1903 (Cth), s 39B Federal Court Rules 2011, rr 5.04, 5.07, 17.01, 33.12(2)(b), 33.29, 36.11(1), 36.11(2)(f), 36.57(1)
Cases cited: Comcare v Martin [2015] FCA 4; 148 ALD 312 Fard v Minister for Immigration and Border Protection [2013] FCAFC 126 Fard v Minister for Immigration and Border Protection [2014] HCASL 85 Fard v Minister for Immigration and Citizenship [2013] FCA 452; 140 ALD 291 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Greater Wollongong City Council v Cowan [1955] HCA 16; 33 CLR 435 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Osland v Secretary of Justice (No 2) [2010] HCA 24; 241 CLR 320 P v Child Support Registrar [2015] FCA 116; 324 ALR 109 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Shahin Dokht Nozohoor Mehrabad v Secretary, Department of Immigration and Border Protection [2015] AATA 790) Spencer v The Commonwealth of Australia [2010] HCA 28; 241 CLR 118
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