EUW17 v Minister for Immigration and Border Protection [2019] FCA 744

FEDERAL COURT OF AUSTRALIA

EUW17 v Minister for Immigration and Border Protection [2019] FCA 744 Appeal from: EUW17 v Minister for Home Affairs [2019] FCCA 111

File number: WAD 95 of 2019

Judge: JACKSON J

Date of judgment: 27 May 2019

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review - whether appellant deprived of opportunity to make submissions to Immigration Assessment Authority because practice direction regarding opportunity sent to wrong address - whether that error was jurisdictional error - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 51A, 422B, 437, 438, 473CB, 473CC, 473DA, 473DB, 473DC, 473DD, 473DE, 473DF, 473FB, 473GA, 473GB, 473HA, 473HB, Parts 7 and 7AA, Division 3

Cases cited: BRGAI of 2008 v Minister for Immigration and Citizenship [2009] FCA 1302 BSQ16 v Minister for Immigration and Border Protection [2018] FCA 469 COA16 v Minister for Immigration and Border Protection [2018] FCA 475 CRJ17 v Minister for Immigration and Border Protection [2018] FCA 1404 DBE16 v Minister for Immigration and Border Protection [2017] FCA 942 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 363 ALR 599 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; (2012) 246 CLR 636 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252