Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BIX15 v Minister For Immigration and Border Protection [2017] FCA 1116 Appeal from: BIX15 v Minister for Immigration and Border Protection [2017] FCCA 376
File number: NSD 435 of 2017
Judge: MARKOVIC J
Date of judgment: 22 September 2017
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where appellant alleges denial of procedural fairness by Administrative Appeals Tribunal (Tribunal) – where delay of 22 months between Tribunal hearing and making of decision – where Tribunal held a second hearing – whether delay occasioned procedural unfairness to the appellant – whether the Tribunal committed jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 SZKJV v Minister for Immigration and Citizenship (2011) 120 ALD 52; [2011] FCA 80
Date of hearing: 15 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 51
Counsel for the Appellant: Mr P Bodisco
Solicitor for the Appellant: Hodges Legal
Counsel for the First Respondent: Ms R Francois
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The second responded filed a submitting notice, save as to costs
ORDERS NSD 435 of 2017
BETWEEN: BIX15 Appellant
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