Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVTQ v Minister for Immigration and Border Protection [2016] FCA 929 Appeal from: Application for extension of time and leave to appeal: SZVTQ v Minister for Immigration & Anor [2016] FCCA 942
File number: NSD 705 of 2016
Judge: COLLIER J
Date of judgment: 9 August 2016
Catchwords: MIGRATION – application for extension of time and leave to appeal – whether Federal Circuit Court erred in failing to find that the Administrative Appeals Tribunal applied the incorrect test in relation to s 36(2)(aa) of the Migration Act 1958 (Cth) – whether the Court erred in failing to find that the Tribunal made inconsistent findings as to the credibility of the applicant – whether the Court erred in failing to find that the Tribunal exceeded its jurisdiction – whether applicant denied procedural fairness
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Migration Act 1958 (Cth) ss 36(2)(aa), 91R(3) Federal Court Rules 2011 (Cth) rr 35.13(a), 35.14 Federal Circuit Court Rules 2001 (Cth) r 44.12
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Plaintiff M150 of 2013 v Minister for Immigration and Border Protection [2014] HCA 25
Date of hearing: 9 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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