Minister for Immigration and Border Protection v SZVFWCitation:[2018] HCA 30Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:08 Aug 2018Case Number:S244/2017Read more
The Tribunal's decision to proceed in the absence of the respondents was not legally unreasonable as it was empowered by s 426A(1) of the Migration Act 1958 (Cth), and the principles in House v The King do not strictly apply to appeals from judicial review decisions on legal unreasonableness.
- Parties
- Appellant: Appellant; Respondent: First Respondent; Respondent: Second Respondent
- Jurisdiction
- Australia
- Judgment Date
- 08 August 2018
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Refugee Review, Judicial Review, Legal Unreasonableness, Standard of Appellate Review
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
First Respondent
Respondent
Second Respondent
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Tribunal's decision to proceed in the absence of the respondents was legally unreasonable
- 2 Whether the principles in House v The King apply to appeals from decisions on judicial review that an administrative decision is legally unreasonable
Ratio Decidendi
The Tribunal's decision to proceed in the absence of the respondents was not legally unreasonable as it was empowered by s 426A(1) of the Migration Act 1958 (Cth), and the principles in House v The King do not strictly apply to appeals from judicial review decisions on legal unreasonableness.
Court Disposition
appeal allowed
Orders
- Appeal allowed
- Orders of the Full Court of the Federal Court set aside
Full Case Text
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