Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZT15 v Minister for Immigration and Border Protection [2018] FCA 1811 Appeal from: AZT15 v Minister for Immigration and Border Protection [2017] FCCA 3244; (2017) 327 FLR 434
File number: VID 119 of 2018
Judge: LEE J
Date of judgment: 31 October 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether the Federal Circuit Court had jurisdiction to review a decision to refuse to conduct an ITOA – whether the Minister was under an independent obligation to conduct an ITOA – whether under the circumstances the appellant was denied procedural fairness
Legislation: Migration Act 1958 (Cth) – ss 5E; 48B; 195A; 198; 417; 474(2); 474(3); 474(7); 476(1); 476(2); 476(4); 501(2); 501A(2)
Cases cited: AZT15 v Minister for Immigration [2016] FCCA 1786 AZT15 v Minister for Immigration and Border Protection [2017] FCA 191 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; (2012) 246 CLR 636 SZVEY v Minister for Immigration and Border Protection [2015] FCA 394; (2015) 146 ALD 168 SZWAJ v Minister for Immigration and Border Protection [2016] FCA 1173 SZWCH v Minister for Immigration and Border Protection [2016] FCA 1551
Date of hearing: 31 October 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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