Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AGU16 v Minister for Immigration and Border Protection [2017] FCA 441 Appeal from: AGU16 v Minister for Immigration & Anor [2016] FCCA 1647
File number: NSD 1257 of 2016
Judge: NICHOLAS J
Date of judgment: 2 May 2017
Catchwords: MIGRATION – whether primary judge erred in not finding that the Tribunal committed jurisdictional error in that the Tribunal: (1) failed to comply with s 425 of Migration Act 1958 (Cth); (2) misapplied or misinterpreted the High Court decision in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; and (3) made a finding as to the appellant's "home region" that was not open on the material before it.
Legislation: Migration Act 1958 (Cth) s36(2)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Minister for Border Protection & Anor v WZAPN (2015) 254 CLR 610 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 Randhawa v Minister for Immigration, Local Government & Ethnic Affairs (1994) 52 FCR 437 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZQEN v Minister for Immigration and Citizenship [2012] FCA 387
Date of hearing: 15 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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