Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AKS16 v Minister for Immigration and Border Protection [2019] FCA 791 Appeal from: AKS16 v Minister for Immigration [2019] FCCA 142
File number: NSD 195 of 2019
Judge: RARES J
Date of judgment: 7 May 2019
Catchwords: MIGRATION – application for Constitutional writ relief under Judiciary Act 1903 (Cth) s 39B – whether Administrative Appeals Tribunal committed jurisdictional error – whether Tribunal failed to consider a clearly articulated and distinct claim raised in evidence at Tribunal hearing – whether Tribunal failed to base decision on most recent and up-to-date material
Legislation: Migration Act 1958 (Cth) ss 36, 91R
Cases cited: AKS16 v Minister for Immigration [2019] FCCA 142 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173
Date of hearing: 7 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 36
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