Federal Court of Australia
Federal Court of Australia
SZTKE v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1582 Appeal from: SZTKE v Minister for Immigration [2019] FCCA 3098
File number: NSD 1934 of 2019
Judgment of: BROMWICH J
Date of judgment: 17 December 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia orders dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (AAT); affirming Minister's delegate's decision to refuse to grant protection visa – where leave sought to rely upon ground of review not advanced before the primary judge – whether AAT and thereby primary judge fell into jurisdictional error by reason of denial of procedural fairness and/or irrationality or illogicality – held: leave to rely on new ground of review refused, the Tribunal and therefore the primary judge did not fall into jurisdictional error.
Legislation: Migration Act 1958 (Cth) s 425
Cases cited: CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 Fattah v Minister for Home Affairs [2019] FCAFC 31; 268 FCR 33 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 MZZGE v Minister for Home Affairs [2019] FCAFC 72 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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