Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CUO16 v Minister for Immigration and Border Protection [2017] FCA 1038 Appeal from: CUO16 v Minister for Immigration and Border Protection [2017] FCCA 878
File number: QUD 228 of 2017
Judge: LOGAN J
Date of judgment: 3 August 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – application for Protection (Class XA) visa – a delegate of the Minister refused application for protection visa – procedural fairness obligations of the Federal Circuit Court – court not permitted to make an applicant's case or to act as inquisitor – Federal Circuit Court dealt with each ground of review without appellate error – no denial of procedural fairness – appeal dismissed PRACTICE AND PROCEDURE – address for service – specified address for service on notice appeal different to that specified in judicial review application in Federal Circuit Court – use by Federal Court National Operations Registry of address for service on judicial review application for the purpose of giving notice of listing of appeal – use of such an address for the purpose not permitted
Legislation: Migration Act 1958 (Cth) ss 5J, 36, 91R, 424A, 424AA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: SZBYR v Minister for Immigration and Citizenship [2007] 81 ALJR 1190
Date of hearing: 3 August 2017
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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