Federal Court of Australia
Federal Court of Australia
DZC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 714 Appeal from: DZC16 v Minister for Immigration & Anor [2020] FCCA 129
File number: NSD 154 of 2020
Judgment of: BEACH J
Date of judgment: 28 June 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court – asserted jurisdictional error by Immigration Assessment Authority – effect of mistranslation or incomplete translation of letter to appellant – failure to consider or exercise power under s 473DC(3) of Migration Act 1958 (Cth) – difference of approach between the delegate of the Minister and the Authority – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5AAA, 473DC
Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 383 ALR 407 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 DVO16 v Minister for Immigration and Border Protection (2021) 388 ALR 389
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 101
Date of hearing: 18 June 2021
Counsel for the Appellant: Mr R Chia (on a direct access basis)
Counsel for the First Respondent: Mr HPT Bevan
Solicitor for the First Respondent: HWL Ebsworth Lawyers
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs
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