Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZQOA v Minister for Immigration and Border Protection [2018] FCA 512 Appeal from: SZQOA v Minister for Immigration & Anor [2016] FCCA 3137
File number: NSD 2026 of 2016
Judge: LEE J
Date of judgment: 12 April 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in failing to find a decision of the then Refugee Review Tribunal was affected by jurisdictional error – whether primary judge erred in failing to find that non-disclosure of a certificate issued under s 438 of the Migration Act 1958 (Cth) in relation to an earlier visa application by the same applicant constituted a breach of procedural fairness – where earlier file not before the delegate of the Minister in relation to the application and decision the subject of this proceeding – whether error on the part of the primary judge is identified
Legislation: Migration Act 1958 (Cth), ss 36(2)(aa), 375A, 425, 438
Cases cited: Minister for Immigration and Border Protection v Singh [2016] FCAFC 183; (2016) 244 FCR 305 Minister for Immigration and Border Protection v Singh [2017] HCATrans 107 MZAFZ v Minister for Immigration and Border Protection [2016] FCA 1081; (2016) 243 FCR 1 Minister for Immigration and Border Protection v BJN16 [2017] FCAFC 197 Minister for Immigration and Border Protection v CQZ15 [2017] FCAFC 194 BEG15 v Minister for Immigration and Border Protection [2017] FCAFC 198
Date of hearing: 12 April 2018
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