EPF17 v Minister for Immigration and Border Protection [2020] FCA 800

FEDERAL COURT OF AUSTRALIA

EPF17 v Minister for Immigration and Border Protection [2020] FCA 800 Appeal from: EPF17 & Anor v Minister for Immigration & Anor [2018] FCCA 1398

File number(s): QUD 420 of 2018

Judge(s): GREENWOOD J

Date of judgment: 10 June 2020

Catchwords: MIGRATION – consideration of an appeal from orders of the primary judge on the footing that the primary judge erred in failing to identify contended jurisdictional error on the part of the Administrative Appeals Tribunal having regard to contentions that the Tribunal failed to comply with obligations arising under s 424A and s 424AA of the Migration Act 1958 (Cth) – consideration of the observations in SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 at 18 and Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 – consideration of the question of whether the primary judge erred in failing to recognise that the Tribunal reached a contended illogical decision – consideration of Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 at [130]-[135] and the application of those principles to the facts found by the Tribunal

Legislation: Migration Act 1958 (Cth), ss 424A, 424AA

Cases cited: Minister for Immigration and Citizenship v SZLFX (2009) 238 CLR 507 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609 VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 236 FCR 549

Date of hearing: 22 February 2019