Federal Court of Australia
Federal Court of Australia
EHV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 649 Appeal from: EHV18 v Minister for Immigration & Anor [2020] FCCA 2319
File number: VID 603 of 2020
Judgment of: BEACH J
Date of judgment: 15 June 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court –jurisdictional error made by Immigration Assessment Authority – constructive failure to exercise jurisdiction – leave to raise new appeal ground - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), (2B)
Cases cited: AHK16 v Minister for Immigration and Border Protection (2018) 161 ALD 457 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 VZKW v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2021] FCA 579
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 68
Date of hearing: 11 June 2021
Counsel for the Appellant: Ms CL Symons
Solicitor for the Appellant: Victoria Legal Aid
Counsel for the First Respondent: Mr AF Solomon-Bridge
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS VID 603 of 2020
BETWEEN: EHV18 Appellant
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