Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUXT v Minister for Immigration and Border Protection [2017] FCA 688 Appeal from: SZUXT v Minister for Immigration and Border Protection [2016] FCCA 2508
File number: NSD 1895 of 2016
Judge: LEE J
Date of judgment: 20 June 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court decision – whether primary judge erred in failing to find that the Tribunal had engaged in jurisdictional error by not applying the principles explained in Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 – distinguished from SZSCA – held no expectation that the appellant would remain in a specified safe area – appeal dismissed
Legislation: Migration Act 1958 (Cth), s 476
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 SZATV v Minister for Immigration and Multicultural Affairs (2007) 233 CLR 18
Date of hearing: 17 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 46
Counsel for the Appellant: Mr P Reynolds
Solicitor for the Appellant: Fragomen
Counsel for the First Respondent: Mr C Lenehan
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The second respondent filed a submitting notice, save as to costs
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