Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AXE17 v Minister for Immigration and Border Protection [2019] FCA 695 Appeal from: AXE17 v Minister for Immigration and Anor [2017] FCCA 2624 AXF17 v Minister for Immigration and Anor [2017] FCCA 2625 AXG17 v Minister for Immigration and Anor [2017] FCCA 2623
File numbers: NSD 2097 of 2017 NSD 2099 of 2017 NSD 2100 of 2017
Judge: LEE J
Date of judgment: 17 May 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court –invalid s 438 certificate – whether notification of s 438 certificate constituted jurisdictional error – whether appellant afforded procedural fairness – whether failure to issue a s 438 certificate could be jurisdictional error – legal unreasonableness – credibility findings EVIDENCE – difference between not accepting a positive contention made by another, and making a positive finding to the contrary – insufficient evidence to support claim
Legislation: Migration Act 1958 (Cth) ss 101, 107, 108, 109, 424A, 424AA, 438
Cases cited: Appellant 395/2002 v Minister for Immigration & Multicultural Affairs (2003) 203 ALR 112 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 93 ALJR 252 Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33; (2017) 248 FCR 1 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437
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