Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ABT17 v Minister for Immigration and Border Protection [2019] FCA 613 Appeal from: ABT17 v Minister for Immigration & Anor [2018] FCCA 658
File number: NSD 520 of 2018
Judge: BROMBERG J
Date of judgment: 16 April 2019
Catchwords: MIGRATION – whether the Federal Circuit Court denied the appellant procedural fairness by: refusing to grant an adjournment, refusing leave to amend – where no discretionary error demonstrated – Migration Act 1958 (Cth) s 473DC – where the IAA reached different credibility findings to those of the Minister's delegate – whether it was legally unreasonable for the IAA to make those findings without first considering whether to exercise its power to obtain further information under s 473DC – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 473DC
Cases cited: DPI17 v the Minister for Home Affairs [2019] FCAFC 43 House v the King (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3
Date of hearing: 16 April 2019
Registry: Victoria
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 assisted by an interpreter
Counsel for the First Respondent: Mr G Hill
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
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