Federal Court of Australia
Federal Court of Australia
SZJDS v Minister for Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1272 Appeal from: SZJDS v Minister for Immigration [2019] FCCA 3625
File number(s): NSD 2 of 2020
Judgment of: BURLEY J
Date of judgment: 28 October 2022
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeal Tribunal (Tribunal) to affirm the decision of a delegate of the Minister to refuse to grant the appellant a protection visa – whether Tribunal made a jurisdictional error in failing to consider ministerial direction – where invalid certificate issued under s 438 of the Migration Act 1958 (Cth) – whether fact finding legally unreasonable – whether apprehended bias present – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2), 417, 424A, 438, 476 and 499
Cases cited: BEG15 v Minister for Immigration and Border Protection [2017] FCAFC 198 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 SZJDS v Minister for Immigration [2019] FCCA 3625 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
Division: General Division
Registry: New South Wales
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