Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Pham [2019] FCA 1689 Appeal from: Pham & Ors v Minister for Immigration & Anor [2018] FCCA 2522
File number: QUD 690 of 2018
Judge: RANGIAH J
Date of judgment: 18 October 2019
Catchwords: MIGRATION – appeal against judgment of Federal Circuit Court – provisional partner visas – failure by Tribunal to audio-record hearing – primary judge found miscarriage of justice – whether miscarriage of justice is necessarily jurisdictional error – primary judge erred by ordering constitutional writs without finding jurisdictional error – whether failure to record hearing was jurisdictional error – appeal allowed
Legislation: Constitution s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) s 62A Federal Proceedings (Costs) Act 1981 (Cth) s 7 Migration Act 1994 (Cth) ss 5, 348(1), 360(1), 365, 366C and 476 Migration Regulations 1994 (Cth) Part 309 Schedule 2
Cases cited: Hossain v Minister for Immigration and Border Protection (2018) 35 ALR 1; [2018] HCA 34 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 NAIS v Minister for Immigration, Multicultural and Indigenous Affairs (2005) 228 CLR 470 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Public Service Board of NSW v Osmond (1986) 159 CLR 656
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