Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AMZ15 v Minister for Immigration and Border Protection [2016] FCA 1195 Appeal from: AMZ15 v Minister for Immigration & Anor [2016] FCCA 473
File number: NSD 580 of 2016
Judge: KATZMANN J
Date of judgment: 7 October 2016
Catchwords: MIGRATION ― appeal from decision of the Federal Circuit Court ― whether primary judge erred in failing to find that Refugee Review Tribunal did not comply with s 425(1) of the Migration Act 1958 (Cth) ― whether Tribunal gave appellant opportunity to give evidence and present arguments relating to the issues arising in relation to the decision under review ADMINISTRATIVE LAW ― illogicality or irrationality ― whether primary judge erred in failing to find that Tribunal's decision illogical or irrational ADMINISTRATIVE LAW ― unreasonableness ― whether primary judge gave inadequate consideration to whether Tribunal's decision legally unreasonable
Legislation: Migration Act 1958 (Cth) ss 36, 65, 425
Cases cited: House v The King (1936) 55 CLR 499 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration v Li (2013) 249 CLR 332 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZGQZ v Minister for Immigration and Citizenship [2007] FCA 1091
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