Federal Court of Australia
Federal Court of Australia
EVU17 v Minister for Immigration and Border Protection [2023] FCA 1201 Appeal from: EVU17 & Ors v Minister for Immigration & Anor [2020] FCCA 2845
File number: SAD 162 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 11 October 2023
Catchwords: MIGRATION – appeal from an order dismissing an application for judicial review of a migration decision – Administrative Appeals Tribunal having statutory procedural fairness obligation under s 424AA of the Migration Act 1958 (Cth) – whether primary judge erred in failing to find the obligation was breached – whether the appellants should have leave to raise arguments about the Tribunal's alleged breach for the first time on appeal – leave refused – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 422B, 424AA, 424A, 474
Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 AAM15 v Minister for Immigration and Border Protection (2015) 231 FCR 452 BUK16 v Minister for Immigration and Border Protection [2020] FCA 558 Chen v Minister for Immigration and Citizenship (2013) 218 FCR 561 Craig v South Australia (1995) 184 CLR 163 EVU17 & Ors v Minister for Immigration & Anor [2020] FCCA 2845 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Islam v Minister for Immigration and Multicultural Affairs [2001] FCA 430 Minister for Immigration and Citizenship v SZHXF (2008) 166 FCR 298 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Raibevu v Minister for Home Affairs [2020] FCAFC 35 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Sami v Minister for Immigration and Citizenship (2013) 139 ALD 1 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 SZVCZ v Minister for Immigration and Border Protection (2017) 252 FCR 540 VAAC v Minister for Immigration and Multicultural Affairs [2002] FCA 573 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588 Xue v Minister for Immigration and Border Protection [2018] FCA 1527
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