Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hedari v Minister for Immigration and Border Protection [2020] FCA 298 Appeal from: Hedari v Minister for Immigration [2019] FCCA 3347
File number: SAD 263 of 2019
Judge: BROMWICH J
Date of judgment: 25 February 2020
Catchwords: MIGRATION – Review of Federal Circuit Court of Australia decision – jurisdictional error – whether the primary judge erred in holding that an error made by the Administrative Appeals Tribunal was not material and therefore not jurisdictional – appeal allowed.
Legislation: Migration Regulations 1994 (Cth) sch 2 cl 309.225, sch 4 PIC 4020(1)(a), PIC 4020(4)(b)
Cases cited: DZT18 v Minister for Home Affairs [2019] FCA 1639 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO [2005] FCAFC 50
Date of hearing: 25 February 2020
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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