Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DKF16 v Minister for Immigration and Border Protection [2019] FCA 789 Appeal from: DKF16 v Minister for Immigration & Anor [2019] FCCA 69
File number: VID 83 of 2019
Judge: MOSHINSKY J
Date of judgment: 27 May 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – protection visa – fast-track review – whether Immigration Assessment Authority misconstrued the power to get new information in s 473DC of the Migration Act 1958 (Cth) and thereby fell into jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 473DC and 473DD
Cases cited: EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462
Date of hearing: 27 May 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Appellant: Ms GA Costello
Solicitor for the Appellant: Victoria Legal Aid
Counsel for the First Respondent: Mr T Goodwin
Solicitor for the First Respondent: Australian Government Solicitor
Solicitor for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS VID 83 of 2019
BETWEEN: DKF16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 27 MAY 2019
THE COURT ORDERS THAT:
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