Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZWAZ v Minister for Immigration and Border Protection [2017] FCA 148 Appeal from: SZWAZ v Minister for Immigration & Anor [2016] FCCA 2214
File number: NSD 1534 of 2016
Judge: ROBERTSON J
Date of judgment: 24 February 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether jurisdictional error on the part of the Administrative Appeals Tribunal – whether the Tribunal made an error of law by misunderstanding s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958 (Cth) – whether the Tribunal took into account irrelevant facts and disregarded relevant facts when reaching its decision – whether the appellant was not properly heard
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 91R
Cases cited: SCAA v Minister for Immigration and Multicultural Affairs [2002] FCA 668
Date of hearing: 23 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 35
Counsel for the Appellant: The appellant appeared in person with the aid of an interpreter
Solicitor for the First Respondent: Mr T Galvin of MinterEllison
Counsel for the Second Respondent: The second respondent submitted save as to costs
ORDERS NSD 1534 of 2016
BETWEEN: SZWAZ Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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