SZVJV v Minister for Immigration and Border Protection [2020] FCA 22

FEDERAL COURT OF AUSTRALIA

SZVJV v Minister for Immigration and Border Protection [2020] FCA 22 Appeal from: SZVJV v Minister for Immigration and Border Protection [2019] FCCA 2003

File number: NSD 1276 of 2019

Judge: PERRAM J

Date of judgment: 21 January 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing application for judicial review of decision of a delegate of Respondent to refuse to issue Appellants protection visas – where two previous applications for protection visas by each Appellant refused – where delegate found present application invalid under Migration Act 1958 (Cth) s 48A – where Appellants argued that Form 866 used in previous applications rendered them invalid such that s 48A not engaged – consideration of principle in SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121; 265 FCR 477

Legislation: Migration Act 1958 (Cth) ss 36, 46, 48A, 501 Migration Regulations 1994 (Cth) Sch 1, Item 1401

Cases cited: BVJ16 v Minister for Immigration and Border Protection [2017] FCA 1205 SZBTK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 1263 SZMOX v Minister for Immigration and Border Protection [2018] FCAFC 121; 265 FCR 477 SZOAZ v Minister for Immigration and Citizenship [2010] FMCA 160 SZOAZ v Minister for Immigration and Citizenship [2010] FCA 816 SZVJU v Minister for Immigration and Border Protection [2016] FCCA 3310 SZVJU v Minister for Immigration and Border Protection [2017] FCA 489 SZVJU v Minister for Immigration and Border Protection [2017] HCASL 198