Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUUO v Minister for Immigration and Border Protection [2016] FCA 913 Appeal from: SZUUO v Minister for Immigration & Anor [2016] FCCA 849
File number: NSD 682 of 2016
Judge: COLLIER J
Date of judgment: 9 August 2016
Catchwords: MIGRATION – appeal – whether Federal Circuit Court erred in failing to find that the Administrative Appeals Tribunal's (the Tribunal) decision was affected by error –Tribunal's reasons thorough and explanatory – no evidence to support allegation of bias on the part of the Tribunal – whether the Tribunal denied the appellant natural justice – no evidence that the Tribunal proceeded with hearing despite the appellant's request for adjournment due to ill health – whether the Tribunal erred in not taking into account the appellant's political profile – Tribunal thoroughly examined appellant's claims regarding political profile – "legitimate expectation" not relevant – no jurisdictional error on part of the Tribunal – appeal dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)
Cases cited: Minister for Immigration v Jia Legeng (2001) 205 CLR 507 Minister for Immigration and Border Protection v WZARH [2015] HCA 40 Muin v Refugee Review Tribunal (2002) 190 ALR 601 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636 Zaoui v Minister for Immigration and Citizenship [2012] FCAFC 70
Date of hearing: 8 August 2016
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