Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BSL15 v Minister for Immigration and Border Protection [2018] FCA 1898 Appeal from: BSL15 v Minister for Immigration & Anor [2017] FCCA 1071
File number: VID 485 of 2017
Judge: KENNY J
Date of judgment: 29 November 2018
Catchwords: MIGRATION – Appeal from judgment of Federal Circuit Court dismissing application for judicial review of a decision of Administrative Appeals Tribunal – whether letter Tribunal sent to appellant purportedly under s 424A of Migration Act 1958 (Cth) failed to comply with the requirements of s 424A because of errors in letter – whether failure of appellant's migration agent to give appellant the letter meant Tribunal's jurisdiction was constructively unexercised – whether Tribunal failed to perform statutory task by not assessing and considering country information – where Tribunal's reasons disclosed no weighing or evaluating of sources of country information – where country information was part of the bases for the Tribunal's conclusions – Tribunal decision affected by jurisdictional error – appealed allowed
Legislation: Migration Act 1958 (Cth) ss 36, 65, 412, 414, 415, 424A, 441G
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 CSJ15 v Minister for Immigration and Border Protection [2017] FCA 1463 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 MZXKH v Minister for Immigration and Citizenship [2007] FCA 663 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 SZEOP v Minister for Immigration and Citizenship [2007] FCA 807 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 SZMTJ v Minister for Immigration and Citizenship (No 2) [2009] FCA 486; 232 CLR 282 SZNKO v Minister for Immigration and Citizenship [2010] FCA 297; 184 FCR 505 Tickner v Chapman (1995) 57 FCR 451
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