Full Court Minute Books

Case M75/2018

CQZ15 v. Minister for Immigration and Border Protection & Anor

Case No.

M75/2018

Case Information

Lower Court Judgment

29/11/2017 Federal Court of Australia (Kenny J, Tracey J, Griffiths J)

[2017] FCAFC 194

Catchwords

Migration – Jurisdictional error – Migration Act 1958 (Cth) s 438 – Where appellant applied for protection visa – Where application refused by delegate – Where appellant applied to Administrative Appeals Tribunal for review of decision – Where delegate issued certificate under s 438(1)(a) that disclosure of certain information would be contrary to public interest – Where certificate invalid – Where delegate issued further certificate – Where Tribunal did not inform appellant of certificates or disclose information to appellant – Where Tribunal affirmed delegate’s decision – Where Federal Circuit Court concluded Tribunal fell into jurisdictional error in acting upon invalid certificate and failing to disclose existence of certificates to appellant – Where Full Federal Court allowed appeal – Whether Full Court erred in departing from Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 by failing to find Tribunal fell into jurisdictional error in not disclosing certificates – Whether Full Court erred in failing to find not open to primary judge to withhold relief where decision affected by jurisdictional error. 

Short particulars

Documents

10/05/2018 Determination (SLA, Canberra)

24/05/2018 Notice of appeal

29/05/2018 Submitting appearance (Second Respondent)

28/06/2018 Written submissions (Appellant)

28/06/2018 Chronology (Appellant)

28/06/2018 Notice of Constitutional Matter (Appellant)

26/07/2018 Written submissions (First Respondent)

13/08/2018 Reply

27/08/2018 Reply in support of cross appeal (Appellant)

03/09/2018 Amended chronology (Appellant)

10/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

10/09/2018 Outline of oral argument (Appellant)

10/09/2018 Outline of oral argument (Respondent)

More in this category: « Case P6/2018 Case A22/2017 »