SZVRA v Minister for Immigration and Border Protection [2017] FCA 121

FEDERAL COURT OF AUSTRALIA

SZVRA v Minister for Immigration and Border Protection [2017] FCA 121 Appeal from: SZVRA v Minister for Immigration & Anor [2016] FCCA 783

File number: NSD 870 of 2016

Judge: MARKOVIC J

Date of judgment: 21 February 2017

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – whether Tribunal fell into jurisdictional error in applying relocation principle – whether Tribunal failed to consider objections to relocation – appeal allowed

Legislation: Migration Act 1958 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZYPW v Minister for Immigration and Citizenship (2012) 289 ALR 541 MZYQU v Minister for Immigration and Citizenship (2012) 206 FCR 191 MZZJY v Minister for Immigration and Border Protection [2014] FCA 1394 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZEIV v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1798 SZSSY v Minister for Immigration and Border Protection [2014] FCA 1144