Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BXM16 v Minister for Immigration and Border Protection [2019] FCA 1845 Appeal from: BXM16 v Minister for Immigration and Border Protection [2018] FCCA 2531
File number: VID 1193 of 2018
Judge: WHEELAHAN J
Date of judgment: 13 November 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court – failure of Tribunal to disclose material covered by invalid s 438 certificate – whether jurisdictional error – whether breach of procedural fairness – relevance of materiality of breach – appeal dismissed.
Legislation: Federal Court of Australia Act 1977 (Cth) s 24(1)(d) Migration Act 1958 (Cth) s 476
Cases cited: Allesch v Maunz (2000) 203 CLR 172 BEG15 v Minister for Immigration and Border Protection [2017] FCAFC 198; 253 FCR 36 Craig v South Australia [1995] HCA 58; 184 CLR 163 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22; 331 ALR 550 Western Australia v Ward (2002) 213 CLR 1
Date of hearing: 8 November 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 44
Counsel for the Appellant: Dr P Bender
Counsel for the Respondents: Mr C McDermott
Solicitor for the Respondents: Australian Government Solicitor
ORDERS VID 1193 of 2018
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