Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZFRG v Minister for Immigration and Border Protection [2017] FCA 189 Appeal from: SZFRG and Ors v Minister for Immigration & Anor [2006] FMCA 1165
File number(s): NSD 1891 of 2016
Judge(s): PERRY J
Date of judgment: 3 March 2017
Catchwords: MIGRATION – application of Migration Act s 48A - whether appellants entitled to lodge a further visa protection claim where first claim was decided before enactment of complementary protection regime – whether the Department of Immigration and Border Protection is obliged to advise non-citizens of legislative amendments that may adversely affect their rights – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 24 Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Act 1958 (Cth), ss 36, 48A Migration Amendment (Complementary Protection) Act 2011 (Cth) Migration Amendment Act 2014 (Cth) Migration Legislation Amendment Act (No 1) 2014 (Cth)
Cases cited: AZABF v Minister for Immigration and Border Protection [2015] FCAFC 174 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 SZFRG and Ors v Minister for Immigration & Anor [2006] FMCA 1165 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71
Date of hearing: 17 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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