Hasnat v Minister for Immigration and Border Protection [2020] FCA 784

FEDERAL COURT OF AUSTRALIA

Hasnat v Minister for Immigration and Border Protection [2020] FCA 784 Appeal from: Hasnat v Minister for Immigration & Anor [2017] FCCA 3048

File number: NSD 2274 of 2017

Judge: WIGNEY J

Date of judgment: 9 June 2020

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision of Administrative Appeals Tribunal – whether certificate issued under s 375A of the Migration Act 1958 (Cth) was valid – whether disclosure of certificate constituted a denial of procedural fairness – whether appellant denied procedural fairness under s 359AA or s 359A of the Migration Act 1958 (Cth) – whether errors were jurisdictional errors – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5, 5A, 97, 336E, 359AA, 359AA(1), 359AA(1)(a), 359AA(1)(b), 359A, 359A(1), 359A(2), 359A(3), 359A(4)(c), 375A, 375A(1), 375A(2), 375A(2)(b), 476 Migration Regulations 1994 (Cth) Schs 2, 4, cl 886.225

Cases cited: Hasnat v Minister for Immigration & Anor [2017] FCCA 3048 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305; [2016] FCAFC 183 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507; [2009] HCA 31 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Singh v Minister for Immigration and Border Protection [2017] FCA 1443 SXRB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 14 SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1; (2007) 235 ALR 609; [2007] HCA 26 SZNKO v Minister for Immigration and Citizenship (2010) 184 FCR 505; [2010] FCA 297 SZTGV v Minister for Immigration and Border Protection (2015) 144 ALD 525; (2015) 318 ALR 450; [2015] FCAFC 3