FEY17 v Minister for Home Affairs [2020] FCA 1014

FEDERAL COURT OF AUSTRALIA

FEY17 v Minister for Home Affairs [2020] FCA 1014 Appeal from: FEY17 v Minister for Immigration & Anor [2018] FCCA 3650

File number(s): QUD 866 of 2018

Judge(s): GREENWOOD J

Date of judgment: 16 July 2020

Catchwords: MIGRATION – consideration of an application for leave to rely on additional grounds of appeal – consideration of the existing grounds and the grounds sought to be relied upon with leave – consideration of whether the primary Judge erred by failing to find jurisdictional error on the part of the Immigration Assessment Authority

Legislation: Migration Act 1958 (Cth), ss 36, 409, 424A, 424AA, 473CB, 473DB, 473DC, 473DD, 473DE, Pt 7AA

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Coulton v Holcombe (1986) 162 CLR 1 Johnson v Johnson (2000) 201 CLR 488 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZQHH (2012) 200 FCR 223 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 214 ALR 264 Re Refugee Review Tribunal; Ex parte H (2001) 75 ALJR 982; 179 ALR 425 WZATH v Minister for Immigration and Border Protection [2014] FCCA 612 WZATH v Minister for Immigration and Border Protection [2014] FCA 969 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760