Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship and Multicultural Affairs v FJT17 [2023] FCA 348 Appeal from: FJT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 95
File number(s): VID 135 of 2022
Judgment of: WHEELAHAN J
Date of judgment: 18 April 2023
Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) quashing a decision of the Administrative Appeals Tribunal and requiring the Tribunal to re-determine the matter according to law – where the appellant had sought review of a decision of a delegate of the Minister to refuse to grant the appellant a protection visa – whether the primary judge denied the appellant procedural fairness – appeal allowed – whether first respondent should be granted a costs certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) – certificate granted
Legislation: Federal Proceedings (Costs) Act 1981 (Cth) s 6 Migration Act 1958 (Cth) s 476
Cases cited: Bradken Ltd v Norcast S.ár.L [2013] FCAFC 123; 219 FCR 101 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; 131 FCR 28 Concrete Pty Ltd v Paramatta Design and Developments Pty Ltd [2006] HCA 55; 229 CLR 577 CQX18 v Minister for Home Affairs [2019] FCAFC 142; 372 ALR 137 Dick v Piller [1943] 1 KB 497 Edwards v Giudice [1999] FCA 1836; 94 FCR 561 Escobar v Spindleri (1986) 7 NSWLR 51 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Jones v National Coal Board [1957] 2 QB 55 Kirk v Industrial Court (NSW) [2010] HCA 1; 239 CLR 531 Priddle v Fisher [1968] 1 WLR 1478 Printing Industry Association of Australia v Jurkin [2018] FCA 1001 R v Wandsworth Justices; Ex parte Read [1942] 1 KB 281 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Stead v State Government Insurance Commission (1986) 161 CLR 141 Telstra Corporation Ltd v Minister [2008] FCAFC 7; 166 FCR 64 Thai v Commissioner of Taxation (1994) 53 FCR 252 Yates Property Corporation Pty Ltd (In Liq) v Darling Harbour Authority (1991) 24 NSWLR 156
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