Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnson v Minister for Home Affairs [2018] FCA 1940 File number: QUD 571 of 2018
Judge: LOGAN J
Date of judgment: 23 November 2018
Catchwords: MIGRATION – judicial review – appeal from Federal Magistrates Court – protection visa – failure to apprehend document of critical importance to Appellant's case – overlooking of relevant consideration – whether failure on part of Tribunal to consider critical document amounted to jurisdictional error. Held – Tribunal committed jurisdictional error. Held – Federal Magistrates Court failed to apprehend Tribunal's act of jurisdictional error. Held – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 501CA, 501G, 507(3A)
Cases cited: CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Border Protection v Li (2013) 249 CLR 332 Minister for Immigration and Border Protection v SZUXN [2016] 69 AAR 210 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116 WAHP v Minister for Immigration and Multicultural Affairs [2004] FCAFC 87
Date of hearing: 23 November 2018
Date of last submissions: 23 November 2018
Registry: Queensland
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate