Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ABL18 v Minister for Home Affairs [2020] FCA 536 Appeal from: ABL18 v Minister for Home Affairs & Anor [2019] FCCA 1178
File number: SAD 75 of 2019
Judge: CHARLESWORTH J
Date of judgment: 24 April 2020
Catchwords: MIGRATION – parties to application for judicial review proposing orders by consent allowing the application – primary judge refusing to proceed in accordance with the parties' agreed position – primary judge dismissing application for judicial review – grounds of review contending the Immigration Assessment Authority erred in construing and applying s 473DD of the Migration Act 1958 (Cth) – no jurisdictional error as asserted – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5AA, 5H, 36, 473CB, 473DC, 473DD, Pt 7AA
Cases cited: ABL18 v Minister for Home Affairs & Anor [2019] FCCA 1178 AUH17 v Minister for Immigration and Border Protection [2018] FCA 388 BVZ16 v Minister for Immigration and Border Protection (2017) 254 FCR 221 CHF16 v Minister for Immigration and Border Protection (2017) 257 FCR 148 DLB17 v Minister for Home Affairs [2018] FCAFC 230 DYS16 v Minister for Immigration and Border Protection (2018) 260 FCR 260 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v CQW17 (2018) 264 FCR 249 WACO v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511
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