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)