Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZAHU v Minister for Immigration and Border Protection [2016] FCA 537 Appeal from: MZAHU & Anor v Minister for Immigration & Anor [2015] FCCA 3519
File number(s): VID 942 of 2015
Judge(s): BUCHANAN J
Date of judgment: 18 May 2016
Catchwords: MIGRATION – whether reasoning by the Migration Review Tribunal was illogical or irrational – whether Tribunal failed to consider child's claim separately to the mother's – no individual claim separately or independently raised for the child – no error shown in the Tribunal's reasoning
Legislation: Migration Act 1958 (Cth), ss 36, 36(1A), 36(1A)(b), 36(2), 36(2)(a), 36(2)(aa), 36(2)(b), 36(2)(c), 36(2A)
Cases cited: NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZOVB v Minister for Immigration and Citizenship [2011] FCA 1462; (2011) 125 ALD 38 SZTQD v Minister for Immigration and Border Protection [2016] FCA 339 WZAOT v Minister for Immigration and Citizenship (2013) 211 FCR 543
Date of hearing: 2 May 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 59
Counsel for the Appellants: Mr M Hosking (Pro Bono)
Counsel for the First Respondent: Ms C Symons
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