Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFP16 v Minister for Immigration and Border Protection [2018] FCA 1901 Appeal from: DFP16 v Minister for Immigration and Border Protection [2018] FCCA 1586
File number: NSD 1261 of 2018
Judge: COLVIN J
Date of judgment: 30 November 2018
Catchwords: MIGRATION - appeal from Federal Circuit Court affirming decision of the Immigration Assessment Authority to refuse visa application - whether primary judge erred in failing to find jurisdictional error in Authority's decision - whether Authority acted on a misunderstanding of the nature and extent of the statutory prohibition in s 473DD of the Migration Act 1958 - jurisdictional error found - appeal allowed and matter remitted to Authority
Legislation: Migration Act 1958 (Cth) s 473DD
Cases cited: AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111 BCQ16 v Minister for Immigration and Border Protection [2018] FCA 365 CVS16 v Minister for Immigration and Border Protection [2018] FCA 951 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16
Date of hearing: 28 November 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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