Federal Court of Australia
Federal Court of Australia
Khadgi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 991 Appeal from: Khadgi v Minister for Immigration & Anor [2020] FCCA 964
File number(s): QUD 109 of 2020
Judgment of: SC DERRINGTON J
Date of judgment: 20 August 2021
Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – whether primary judge erred in finding appellant consented to Administrative Appeals Tribunal (AAT) determining review on papers – whether primary judge erred in finding AAT did not act outside its jurisdiction – whether appellant provided with meaningful review proceeding
Legislation: Migration Act 1958 (Cth), ss 359A, 360 Migration Regulations 1994 (Cth), Sch 2
Cases cited: Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZUWX v Minister for Immigration and Border Protection [2016] FCAFC 77; (2016) 238 FCR 456
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
Date of last submission: 22 July 2021
Date of hearing: 17 August 2021
Counsel for the Appellant: Appellant appeared in person Solicitor for the First Respondent: MinterEllison Counsel for the Second Respondent: The second respondent did not appear
ORDERS QUD 109 of 2020
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