Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVIA v Minister for Immigration and Border Protection [2016] FCA 1228 Appeal from: SZVIA & Anor v Minister for Immigration & Anor [2016] FCCA 1140
File number: NSD 788 of 2016
Judge: MCKERRACHER J
Date of judgment: 14 October 2016
Catchwords: MIGRATION – whether the Tribunal failed to properly consider the appellants' claims – whether the Tribunal erred in characterising claim through lack of understanding of the caste system – where ground of appeal raised shortly before the hearing that Federal Circuit Court judgment based on lack of preparation by the legal representative – whether inadequate preparation by legal representative warrants judicial intervention – whether arguable grounds for adjournment sought at the hearing to obtain legal representation
Legislation: Migration Act 1958 (Cth) ss 424A, 424AA
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Hanna v Minister for Immigration and Border Protection [2016] FCA 282 Minister for Immigration & Citizenship v SZLIX [2008] FCAFC 17 NABC of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1426 NADQ v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 483 Pannu v Minister for Immigration and Citizenship (No 2) [2013] FCA 1406 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 SZSXT v Minister for Immigration and Border Protection (2014) 222 FCR 73
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