Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FQL17 v Minister for Immigration and Border Protection [2020] FCA 121 Appeal from: FQL17 v Minister for Immigration & Anor [2019] FCCA 2087
File number: NSD 1394 of 2019
Judge: KERR J
Date of judgment: 14 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – protection visa application – validity and effect of the use of "person identification digits" in Migration (IMMI17/015: Person who is a Fast Track Applicant) Instrument 2017 (Cth) to specify fast track applicants – consideration of SZTVU v Minister for Home Affairs [2019] FCAFC 30 – evidence establishes that legislative instrument effective to specify Appellant – no basis on which to question the legal validity of instrument – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5(1), 5(1AA) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Seeker Legacy Caseload) Act 2014 (Cth) Migration (IMMI17/015: Person who is a Fast Track Applicant) Instrument 2017 (Cth)
Cases cited: Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3; 249 CLR 1 SZTVU v Minister for Home Affairs [2019] FCAFC 30
Date of hearing: 6 February 2020
Date of last submissions: 29 January 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 71
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