Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZTSC v Minister for Immigration and Border Protection [2017] FCA 1032 Appeal from: SZTSC v Minister for Immigration & Anor [2016] FCCA 543
File number(s): NSD 497 of 2016
Judge(s): GREENWOOD J
Date of judgment: 4 September 2017
Catchwords: MIGRATION – consideration of an application for leave to amend a notice of appeal to raise additional Grounds 2, 3 and 4 not agitated before the primary judge – consideration of the grounds of appeal – consideration of the relationship between factual errors made by the Tribunal unrelated to the circumstances of the appellant, and the materiality of those errors to the Tribunal's decision – consideration of the question of the failure on the part of the Tribunal to conduct the statutory review function required by the Migration Act 1958 (Cth)
Legislation: Migration Act 1958 (Cth), ss 36, 65, 414 and 415
Cases cited: MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 Plaintiff S 157 v Commonwealth (2003) 211 CLR 476 SZTSC v Minister for Immigration & Anor [2016] FCCA 543 Vaux v Minister for Immigration (2004) 238 FCR 588
Date of hearing: 22 August 2016
Date of last submissions: 22 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 95
Counsel for the Appellant: Mr S Lawrence
Solicitor for the Appellant: Thomas McLoughlin Lawyers
Solicitor for the Respondents: Ms N Blake, Clayton Utz
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