Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zhuang v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 742 Appeal from: Zhuang v Minister for Home Affairs [2019] FCCA 3699
File number: NSD 44 of 2020
Judge: COLVIN J
Date of judgment: 3 June 2020
Catchwords: MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal had affirmed delegate's decision to refuse appellant's application for temporary business visa - whether failure to afford procedural fairness - where Tribunal made adverse findings as to appellant's account - where no indication by Tribunal during hearing that it did not accept credibility of appellant's account - where no suggestion that delegate did not accept appellant's account - whether Tribunal failed to consider important claims - whether primary judge erred in finding no utility in granting relief sought - where primary judge decided on basis that appellant could not demonstrate compliance with necessary criterion - where issue of compliance not addressed in reasons of delegate or Tribunal - appeal allowed
Legislation: Migration Act 1958 (Cth) ss 357A, 360, Schedule 2 Item 4547.223 Migration Regulations 1994 (Cth) Schedule 3
Cases cited: BVD17 v Minister for Immigration and Border Protection [2019] HCA 34 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Nobarani v Mariconte [2018] HCA 36; (2018) 265 CLR 236 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152
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