MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081

FEDERAL COURT OF AUSTRALIA

MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081 Appeal from: MZAFZ v Minister for Immigration & Anor [2016] FCCA 1319

File number: VID 461 of 2016

Judge: BEACH J

Date of judgment: 7 September 2016

Catchwords: MIGRATION – application for extension of time – extension granted – application for leave to appeal – proposed grounds of appeal reasonably arguable – leave to appeal granted – appeal heard and determined instanter MIGRATION – procedural fairness – certificate issued under Migration Act 1958 (Cth) s 438 – whether certificate valid – basis of non-disclosure – public interest immunity – consequences of invalidity of certificate –operation of Migration Act 1958 (Cth) s 422B – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 422B, 424AA, 424A, 425, 438

Cases cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88 Burton v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 149 FCR 20 BZAID v Minister for Immigration and Border Protection [2016] FCA 508 Davis v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 686 MZZMG v Minister for Immigration and Border Protection (2015) 234 FCR 180 NAFQ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 473 NIB Health Funds Ltd v Private Health Insurance Administration Council (2002) 115 FCR 561 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Queensland Nickel Management Pty Ltd and Great Barrier Reef Marine Park Authority and Ors (1991) 25 ALD 160 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 Sankey v Whitlam (1978) 142 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 WZANC v Minister for Immigration and Citizenship (2012) 210 FCR 585