DCP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 290

FEDERAL Court of Australia

DCP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 290 Appeal from: DCP17 & Anor v Minister for Immigration & Anor and DCR17 & Anor v Minister for Immigration & Anor [2020] FCCA 1681

File number(s): VID 467 of 2020 VID 468 of 2020

Judgment of: MORTIMER J

Date of judgment: 30 March 2021

Catchwords: MIGRATION – appeals from the Federal Circuit Court – scope and operation of ss 424A and 425 of the Migration Act 1958 (Cth) – clear particulars in s 424A – where Administrative Appeals Tribunal considered whether identity documents were genuine – whether the appellants should have been permitted to view the documents or copies of them – whether the appellants had a "hearing" of the kind contemplated by s 425 – appeal allowed

Legislation: Migration Act 1958 (Cth), ss 101(b), 424A, 425

Cases cited: ATP15 v Minister for Immigration and Border Protection [2016] FCAFC 53 ERY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 357 Ibrahim v Minister for Immigration and Border Protection [2018] FCA 2087 Minister for Immigration and Citizenship v SZLFX [2009] HCA 31; 238 CLR 507 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 SXRB v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 14 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 96 ALD 1 SZHKA v Minister for Immigration and Citizenship [2008] FCAFC 138 SZNKO v Minister for Immigration and Citizenship and Another [2010 FCA 297]; 184 FCR 505 SZTGV v Minister for Immigration and Border Protection [2015] FCAFC 3 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88