Full Court Minute Books

Case S244/2017

Minister for Immigration and Border Protection v. SZVFW & Ors

Case No.

S244/2017

Case Information

Lower Court Judgment

2/03/2017 Federal Court of Australia (Griffiths J, Kerr J, Farrell J)

[2017] FCAFC 33

Catchwords

Migration – Migration Act 1958 (Cth) s 426A(1) – Where first and second respondents applied for Protection (Class XA) visas – Where Department refused applications – Where respondents filed application for review by Refugee Review Tribunal – Where application form contained postal address, mobile phone number and email address – Where Tribunal by letter addressed to postal address invited first and second respondents to provide further information – Where first and second respondents did not respond – Where Tribunal by further letter invited first and second respondents to appear before it – Where first and second respondents did not attend – Where Tribunal exercised power under s 426A(1) to affirm decision without taking further action – Where Federal Circuit Court held Tribunal’s decision unreasonable – Where Full Court dismissed appeal – Whether Full Court erred by requiring Minister to establish House v The King (1936) 55 CLR 499 error – Whether Full Court erred by failing to find primary judge erred in concluding Tribunal’s decision unreasonable.

Documents*

14/09/2017 Determination (SLA, Melbourne)

26/09/2017 Notice of appeal

19/10/2017 Written submissions (Appellant)

19/10/2017 Chronology (Appellant)

13/11/2017 Written submission (First and Second Respondents)

13/11/2017 Chronology (First and Second Respondents)

27/11/2017 Reply

*The due dates shown for documents on this page are indicative only.