Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BTN16 v Minister for Immigration and Border Protection [2019] FCA 1354 Appeal from: BTN16 v Minister for Immigration & Anor [2017] FCCA 3381
File number: VID 1398 of 2017
Judge: MOSHINSKY J
Date of judgment: 26 August 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – protection visa – where Minister's delegate gave a certificate purportedly pursuant to s 438 of the Migration Act 1958 (Cth) – where the Minister now concedes that the certificate was invalid – whether denial of procedural fairness to the appellant – where the primary judge concluded that he was not persuaded that the documents covered by the certificate gave rise to even a possibility of a different outcome – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 36, 91R, 424AA, 438 Federal Court Rules 2011, rr 40.43, 40.44
Cases cited: BEG15 v Minister for Immigration and Border Protection (2017) 253 FCR 36 CED15 v Minister for Immigration and Border Protection [2018] FCA 451 Minister for Immigration and Border Protection v CQZ15 (2017) 253 FCR 1 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA (2019) 363 ALR 599
Date of hearing: 12 August 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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