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)
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
13/03/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
13/03/2018 Outline of oral argument (Appellant)
13/03/2018 Outline of oral argument (First and Second Respondents)
08/08/2018 Judgment (Judgment Summary)
Govier v. The Uniting Church in Australia Property Trust (Q)
Case No.
B51/2017
Case Information
Lower Court Judgment
10/02/2017 Supreme Court of Queensland (Court of Appeal) (Fraser JA, Gotterson JA, North J)
Catchwords
Negligence – Duty of care – Psychiatric injury – Where appellant employed by respondent – Where appellant attacked by co-worker – Where respondent informed appellant on day of attack that her conduct was under investigation – Where appellant too ill to attend investigative interviews – Where respondent asserted appellant refused to attend interviews and made preliminary findings against her – Where appellant’s employment subsequently terminated – Where appellant claimed damages for psychiatric injuries – Where trial judge held respondent owed no duty of care to appellant with respect to conduct of investigative process – Where Court of Appeal dismissed appeal – Whether Court of Appeal erred in concluding respondent did not owe appellant duty of care in respect of investigative process.
Documents
15/09/2017 Hearing (SLA, Sydney)
26/09/2017 Notice of appeal
20/10/2017 Written submissions (Appellant)
24/10/2017 Chronology (Appellant)
15/11/2017 Written submissions (Respondent)
29/11/2017 Repy
13/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
Special leave revoked at hearing
13/04/2018 Outline of oral argument (Appellant)
13/04/2018 Outline of oral argument (Respondant)
14/06/2018 Hearing (Full Court, Canberra)
YAU026 v. Republic of Nauru
Case No.
S160/2017
Case Information
Lower Court Judgment
31/05/2017 Supreme Court of Nauru (Khan J)
Catchwords
Whether the tribunal erred in failing to provide the appellant procedural fairness and natural justice in breach of s.22 and s.37 of the Act - on 23 December 2016 s.37 was repealed by s.24 of the Refugees Convention (Derivative Status and Other Measures) (Amendment) Act 2016 - retrospectively to 10 October 2012 - procedural fairness now has to be dealt with under the common law of Nauru.
Documents
14/06/2017 Notice of appeal
19/07/2017 Written submissions (Appellant)
19/07/2017 Chronology (Appellant)
09/08/2017 Written submissions (Respondent)
23/08/2017 Reply (Appellant)
02/11/2017 Consent
14/11/2017 Hearing (Full Court, Canberra) - Orders pronounced by consent
16/11/2017 Hearing (Full Court, Canberra) - VACATED
YAU027 v. Republic of Nauru
Case No.
S142/2017
Case Information
Lower Court Judgment
5/05/2017 Supreme Court of Nauru (Khan J)
Catchwords
Whether the Tribunal acted unreasonably and or irrationally - and failed to accord the appellant procedural fairness or natural justice. Appeal dismissed - held that the Tribunal accorded the appellant procedural fairness and natural justice
Documents
19/05/2017 Notice of appeal
07/08/2017 Written submissions (Appellant)
07/08/2017 Chronology (Appellant)
06/09/2017 Written submissions (Respondent)
22/09/2017 Reply (Appellant)
14/11/2017 Hearing (Full Court, Canberra) - Orders pronounced by consent
15/11/2017 Hearing (Full Court, Canberra) - VACATED
CRI028 v. Republic of Nauru
Case No.
M66/2017
Case Information
Lower Court Judgment
11/05/2017 Supreme Court of Nauru (Crulci J)
Catchwords
Migration – Nauru (High Court Appeals) Act 1976 (Cth) – Refugees Convention Act 2012 (Nr) – Where appellant applied to Nauru for refugee status determination under Act – Where Secretary of Nauru Department of Justice determined appellant not refugee and not entitled to complementary protection – Where Refugee Status Review Tribunal affirmed Secretary’s determination – Where Supreme Court of Nauru dismissed appeal – Whether Supreme Court erred in failing to find Tribunal erred in identifying and applying law of “internal protection” or relocation.
Documents
25/05/2017 Notice of appeal
24/07/2017 Written submissions (Appellant)
25/07/2017 Chronology (Appellant)
14/08/2017 Written submissions (Respondent)
28/08/2017 Reply (Appellant)
15/11/2017 Hearing (Full Court, Canberra) - VACATED
14/02/2018 Hearing (Full Court, Canberra)
14/02/2018 Outline of oral argument (Appellant)
14/02/2018 Outline of oral argument (Respondent)
13/06/2018 Judgment (Judgment summary)