Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZVYG v Minister for Immigration and Border Protection [2017] FCA 955 Appeal from: SZVYG v Minister for Immigration [2016] FCCA 2887
File number(s): NSD 2110 of 2016
Judge(s): BROMWICH J
Date of judgment: 18 August 2017
Catchwords: MIGRATION –application for Protection (Class XA) visa – whether Federal Circuit Court erred in failing to find jurisdictional error in Tribunal's decision – where error asserted in Tribunal's consideration of post-hearing submission – whether Tribunal failed to invite the appellant to further hearing – whether Tribunal misconstrued the appellant's post-hearing claim – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), ss 28, 37M Migration Act 1958 (Cth), ss 424A, 425
Cases cited: ABV16 v Minister for Immigration and Border Protection [2017] FCA 184 BEV15 v Minister for Immigration and Border Protection [2016] FCA 507 Commissioner for Australian Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Coulton v Holcombe (1986) 162 CLR 1 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZRTF [2013] FCA 1377 Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145; 229 FCR 197 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069; 148 ALD 507 Minister for Immigration and Citizenship v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30; 238 CLR 489 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138; 172 FCR 1 Tattsbet Ltd v Morrow [2015] FCAFC 62; 233 FCR 46 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74; 80 ALD 568
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