Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVVB v Minister for Immigration and Border Protection [2017] FCA 207 Appeal from: SZVVB v Minister for Immigration and Anor [2016] FCCA 2245
File number: NSD 1758 of 2016
Judge: BROMBERG J
Date of judgment: 2 March 2017
Catchwords: MIGRATION – Protection (Class XA) visa – appeal from the Federal Circuit Court of Australia ("FCC") – whether the FCC erred by failing to find jurisdictional error in the Tribunal's finding that the appellant, a citizen of Syria, had a right to return to Lebanon for the purposes of s 36(3) of the Migration Act 1958 (Cth) – where the appellant claimed that the law in Lebanon had changed since the Tribunal's decision such that he no longer had a right to enter and reside in Lebanon – where the primary judge found that the law change post-dating the Tribunal's decision could not support an argument of jurisdictional error – no error in the primary judge's approach – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(3), 36(4), 36(5), 36(5A), 474
Cases cited: Plaintiff S157 v Commonwealth (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZVVB v Minister for Immigration and Anor [2016] FCCA 2245
Date of hearing: 2 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
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