Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ikupu v Minster for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 74 Review of: Application for judicial review: Ikupu and Minister for Home Affairs (Migration) [2019] AATA 2545
File number: NSD 1478 of 2019
Judge: JAGOT J
Date of judgment: 10 February 2020
Catchwords: MIGRATION – procedural fairness – misdirection by tribunal – applicant misdirected about evidence he could give – breach of obligation of procedural fairness to applicant – decision quashed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(b), 39(1) Migration Act 1958 (Cth) ss 500(6J), 500(6L), 501, 501(3A), 501CA(3), 501CA(4)
Cases cited: Antipova v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 584; (2006) 151 FCR 480 Bauskis v Liew [2013] NSWCA 297 Chen v Secretary, Department of Social Services [2016] FCA 1474 Dharma v Minister for Home Affairs [2019] FCA 431 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Jagroop v Minister for Immigration and Border Protection [2014] FCAFC 123; (2014) 225 FCR 482 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Minister for Immigration and Border Protection v MZAIV [2016] FCA 251 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 Minister for Immigration and Citizenship v SZNVW [2010] FCAFC 41; (2010) 183 FCR 575 Minister for Immigration & Multicultural & Indigenous Affairs v SCAR [2003] FCAFC 126; (2003) 128 FCR 553 Minogue v Human Rights & Equal Opportunity Commission [1999] FCA 85; (1999) 84 FCR 438 R v T, WA [2014] SASCFC 3; (2014) 118 SASR 382 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; (2001) 206 CLR 57 Sullivan v Department of Transport (1978) 20 ALR 323 SZWBH v Minister for Immigration and Border Protection [2015] FCAFC 88; (2015) 229 FCR 317 Uelese v Minister for Immigration and Border Protection [2015] HCA 15; (2015) 256 CLR 203
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