Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DNB16 v Minister for Immigration and Border Protection [2018] FCA 1953 Appeal from: DNB16 v Minister for Immigration & Anor [2018] FCCA 1045
File number(s): SAD 145 of 2018
Judge(s): O'CALLAGHAN J
Date of judgment: 28 November 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether primary judge should have found that Administrative Appeals Tribunal (the Tribunal) fell into jurisdictional error – whether Tribunal denied the appellant procedural fairness by failing to provide hard copies as well as a CD of a Freedom of Information request – allegation of apprehended bias – whether Tribunal failed to consider appellant's evidence – appeal dismissed
Legislation: Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth), s 36(2)(a)
Date of hearing: 28 November 2018
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 28
Counsel for the Appellant: The Appellant appeared in person with an Interpreter
Counsel for the First Respondent: Mr M Cleary
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS SAD 145 of 2018
BETWEEN: DNB16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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