Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DSW16 v Minister for Immigration and Border Protection [2020] FCA 107 Appeal from: DSW16 v Minister for Immigration & Anor [2019] FCCA 1658
File number: NSD 1050 of 2019
Judge: SNADEN J
Date of judgment: 13 February 2020
Catchwords: MIGRATION – protection visa – appeal from the Federal Circuit Court of Australia (the "FCCA") – application for judicial review of a decision of the Administrative Appeals Tribunal (the "AAT") – whether the AAT's decision was affected by jurisdictional error – whether the AAT erred in failing to understand, explore or have regard to claims put to it by the appellant – where notes (produced by a representative of the first respondent for the purposes of the visa application decision) were unable to be produced – whether the failure to produce notes constituted jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 425
Cases cited: CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DSW16 v Minister for Immigration and Border Protection & Anor [2019] FCCA 1658
Date of hearing: 20 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: Mills Oakley
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