Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSZT v Minister for Home Affairs [2019] FCA 1920 Appeal from: SZSZT v Minister for Immigration [2018] FCCA 1663
File number: NSD 1742 of 2018
Judge: ABRAHAM J
Date of judgment: 20 November 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of the Administrative Appeals Tribunal's decision affirming the decision of the Minister's delegate to refuse the appellant a protection visa – where a certificate invalidly issued under s 438 of the Migration Act 1958 (Cth) – whether the Tribunal failed to afford the appellant procedural fairness – whether the Tribunal acted on the invalid certificate – whether there is jurisdictional error – held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 438, 438(1)(a), 438(3)(b)
Cases cited: Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 93 ALJR 252 BRQ18 v Minister for Home Affairs [2019] FCA 319 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123
Date of hearing: 14 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 35
Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr N Swan
Solicitor for the First Respondent: Sparke Helmore
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