Federal Court of Australia
Federal Court of Australia
SZQTU v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 750 Appeal from: SZQTU & Ors v Minister for Immigration & Anor [2020] FCCA 1944
File number: NSD 868 of 2020
Judgment of: NICHOLAS J
Date of judgment: 11 July 2024
Catchwords: MIGRATION – appeal against primary judge's judgment dismissing application for judicial review of decision of the Administrative Appeals Tribunal ("Tribunal") affirming decision not to grant protection visas to appellants – where first appellant unable to participate in oral hearing before Tribunal due to psychiatric condition – where Tribunal found first appellant's psychiatric condition unlikely to improve in foreseeable future – whether Tribunal complied with s 425(1) of the Migration Act 1958 (Cth) – whether decision to proceed without receiving oral evidence and arguments from first appellant legally unreasonable
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 417, 420(1), 425
Cases cited: Applicant NAHF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 359 Applicant S296 of 2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 1166 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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