ABZ16 v Minister for Immigration and Border Protection [2018] FCA 412

FEDERAL COURT OF AUSTRALIA

ABZ16 v Minister for Immigration and Border Protection [2018] FCA 412 Appeal from: ABZ16 v Minister for Immigration [2017] FCCA 2153

File number: NSD 1556 of 2017

Judge: PERRAM J

Date of judgment: 28 March 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Administrative Appeals Tribunal – whether Tribunal proceedings involved denial of procedural fairness – whether usual rules of procedural fairness in Tribunal excluded by s 422B of Migration Act 1958 (Cth) – whether s 424A 'deals with' the Appellant's procedural fairness claim – where Tribunal failed to inform Appellant of further steps to be taken to verify documents – where Tribunal found documents to be unreliable

Legislation: Migration Act 1958 (Cth) ss 422B, 424A

Cases cited: Attorney General of Hong Kong v Ng Yuen Shiu [1983] UKPC 2; [1983] 2 AC 629 Khan v Minister for Immigration and Citizenship [2011] FCAFC 21; 192 FCR 173 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252

Date of hearing: 14 February 2018

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 34

Solicitor for the Appellant: Mr S Tambimuttu of Stephen Hodges Solicitor

Counsel for the Respondents: Mr T Reilly

Solicitor for the Respondents: Mills Oakley Lawyers

ORDERS NSD 1556 of 2017

BETWEEN: ABZ16

Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent