Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BZP15 v Minister for Immigration and Border Protection [2019] FCA 1351 Appeal from: BZP15 v Minister for Immigration & Border Protection [2018] FCCA 1731
File number: NSD 1229 of 2018
Judge: STEWART J
Date of judgment: 27 August 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia's review of a decision by the Administrative Appeals Tribunal to affirm a decision by a delegate of the Minister for Immigration and Border Protection to refuse a protection visa – where grounds of appeal lack particularity – where adverse credibility findings were made in relation to the applicant – where certificate issued purportedly under s 438 of the Migration Act 1958 (Cth) – where Minister accepts the s 438 certificate was not valid – where information the subject of the s 438 certificate was not material and bore no relevance to the Tribunal's assessment – where Tribunal did not record relying on the certificate in its decision record – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 438
Cases cited: BZP15 v Minister for Immigration & Border Protection [2018] FCCA 1731 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235
Date of hearing: 21 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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