Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZR16 v Minister for Immigration and Border Protection [2017] FCA 1453 Appeal from: AZR16 v Minister for Immigration and Border Protection & Anor [2017] FCCA 1725
File number: NSD 1391 of 2017
Judge: GRIFFITHS J
Date of judgment: 5 December 2017
Catchwords: MIGRATION – refusal of protection visa – appeal from the Federal Circuit Court of Australia – whether primary judge erred in finding that the then Refugee Review Tribunal (Tribunal) complied with its statutory obligations under s 424AA of the Migration Act 1958 (Cth) (the Act) in respect of the appellant's oral evidence provided during an entry interview with the Department of Immigration and Border Protection –whether primary judge should have found that the Tribunal did not comply with s 424AA(1)(b)(i) and/or (iii) of the Act and therefore committed jurisdictional error by failing to comply with s 424A of the Act – whether primary judge erred in finding that letters sent by the Tribunal to the appellant were not an invitation within the meaning of s 424(2) of the Act and that s 424(2) has no application to a review applicant – whether, if the requirements of s 424B of the Act applied to the letters, the primary judge erred in finding there was no jurisdictional error – whether primary judge erred in finding that relief should be refused on discretionary grounds because there was no "practical injustice" Held: appeal dismissed, with costs
Legislation: Migration Act 1958 (Cth) ss 36, 412, 414, 416, 420, 422B, 423, 423A, 424, 424A, 424AA, 424B, 424C, 425, 437, 438, 440, 441A; Divs 4, 7 and 7A of Pt 7 Migration Amendment (Protection and Other Measures) Act 2015 (Cth) Migration Amendment (Review Provisions) Act 2007 (Cth) Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth) Migration Legislation Amendment Act (No 1) 1998 (Cth) Migration Legislation Amendment Act (No. 1) 2009 (Cth) Migration Reform Act 1992 (Cth) Migration Regulations 1994 (Cth)
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