SZTYV v Minister for Immigration and Border Protection [2018] FCA 1076

FEDERAL COURT OF AUSTRALIA

SZTYV v Minister for Immigration and Border Protection [2018] FCA 1076 Appeal from: SZTYV & Anor v Minister for Immigration & Anor [2018] FCCA 64

File number: NSD 128 of 2018

Judge: STEWARD J

Date of judgment: 20 July 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia dismissing an application for judicial review – where the second respondent relied in part on an anonymous letter sent to the Department of Immigration and Border Protection – where the first respondent notified the second respondent that it had received additional information in confidence – whether the second respondent failed to comply with s 424AA of the Migration Act 1958 (Cth) – whether s 438 was engaged by the notification from the first respondent

Legislation: Evidence Act 1995 (Cth) s 130 Migration Act 1958 (Cth) ss 36, 424AA, 424A, 430, 438

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BEG15 v Minister for Immigration and Border Protection (2017) 253 FCR 36 Coco v AN Clark (Engineers) Ltd [1969] RPC 41 Minister for Immigration and Border Protection v CQZ15 (2017) 253 FCR 1 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZAFZ v Minister for Immigration and Border Protection (2016) 243 FCR 1 Optus Networks Pty Ltd v Telstra Corporation Ltd [2010] FCAFC 21; 265 ALR 281 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16 SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1 SZJBD v Minister for Immigration and Citizenship (2009) 179 FCR 109 SZNKO v Minister for Immigration and Citizenship (2010) 184 FCR 505 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549