Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACG15 v Minister for Immigration and Border Protection [2020] FCA 128 Appeal from: ACG15 v Minister for Immigration & Anor [2017] FCCA 1468
File number: NSD 1153 of 2017
Judge: O'BRYAN J
Date of judgment: 14 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal affirming decision of Minister's delegate refusing grant of protection visas – notice issued under s 438 of the Migration Act 1958 (Cth) – where s 438 notice was invalid – procedural fairness obligations relating to the issue of a notice under s 438 – where Tribunal failed to notify appellant of the s 438 notice and the documents referred to therein – whether Tribunal's failure to notify appellant of the s 438 notice was material to its decision – appeal dismissed
Legislation: Migration Act 1958 (Cth) Pt 7, Div 4, ss 422B, 424AA, 424A, 438
Cases cited: BYE17 v Minister for Immigration and Border Protection [2019] FCA 441 CGA15 v Minister for Home Affairs [2019] FCAFC 46 Coulton v Holcombe (1986) 162 CLR 1 Khan v Minister for Immigration and Citizenship (2011) 192 FCR 173 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Sharma v Minister for Immigration and Border Protection (2017) 256 FCR 1 SZMKG v Minister for Immigration and Citizenship (2009) 177 FCR 555 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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