Federal Court of Australia
Federal Court of Australia
CCF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1067 Appeal from: CCF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 167
File number(s): NSD 277 of 2022
Judgment of: RARES J
Date of judgment: 22 August 2022
Catchwords: ADMINISTRATIVE LAW – whether delay in making of decision by Administrative Appeals Tribunal constitutes procedural unfairness resulting in jurisdictional error – where Tribunal made decision one month after third hearing but 21 months after first hearing – where Tribunal acknowledged delay, convened further hearing and listened to audio recording of earlier hearing – where Tribunal relied heavily on objective facts rather than demeanour to reach conclusion – Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 414 and 425
Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 Expectation Pty Ltd v PRD Realty Pty Ltd (2004) 140 FCR 17 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 23 Tassbet Ltd v Morrow (2015) 233 FCR 46
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 57
Date of hearing: 22 August 2022
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