Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v CAK16 [2019] FCA 322 Appeal from: CAK16 v Minister for Immigration and Border Protection & Anor [2018] FCCA 2670
File number: QUD 723 of 2018
Judge: RANGIAH J
Date of judgment: 8 March 2019
Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court of Australia – whether appellant denied procedural fairness in hearing before Tribunal – standard of interpreting required – onus of proof – irregularities in interpretation of evidence– appeal dismissed
Legislation: Evidence Act 1995 (Cth) s 140 Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 360(1), 425, 425(1) and 427
Cases cited: BZAID v Minister for Immigration and Board Protection (2016) 242 FCR 310 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Plaintiff S157/2002 v The Commonwealth of Australia (2003) 211 CLR 476 Soltanyzand v Minister for Immigration and Multicultural Affairs [2001] FCA 1168 SZJBD v Minister for Immigration (2009) 179 FCR 109 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465
Date of hearing: 25 February 2019
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