Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AWA15 v Minister for Immigration and Border Protection [2018] FCA 604 Appeal from: AWA15 v Minister for Immigration & Anor [2017] FCCA 391
File number: NSD 747 of 2017
Judge: CHARLESWORTH J
Date of judgment: 4 May 2018
Catchwords: MIGRATION – proceedings before administrative tribunal – whether visa applicant denied opportunity to give evidence in English – whether Tribunal's rejection of corroborative evidence affected by legal unreasonableness – whether Tribunal committed jurisdictional error by refusing request to obtain corroborative oral evidence by telephone – reasons for refusing request having no intelligible foundation – ultimate exercise of statutory function not affected in circumstances of case – error not jurisdictional
Legislation: Migration Act 1958 (Cth) ss 36, 65, 361, 414, 425A, 426, 427, 429A, 474
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 AWA15 v Minister for Immigration & Anor [2017] FCCA 391 BTF15 v Minister for Immigration and Border Protection [2016] FCA 647, (2016) 69 AAR 376 Butera v Director of Public Prosecutions (Vict) (1987) 164 CLR 180 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 73 ALD 1 VJAF v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 178
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