SZVJV v Minister for Immigration and Border Protection [2020] FCA 22

SZVJV v Minister for Immigration and Border Protection [2020] FCA 22

Section 48A applies to the Appellants, regardless of the grounds or form used, due to the binding authority of SZMOX; their latest protection visa application was invalid and the appeal failed.

Parties
First Appellant: SZVJV; Second Appellant: SZVJU; Respondent: Minister for Immigration and Border Protection
Jurisdiction
Australia
Judgment Date
21 January 2020
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed with costs.
Legal Topics
Protection Visa Applications, Judicial Review, Invalidity of Visa Application Forms, Section 48 a Migration Act
Migration Administrative Law Protection Visa Applications Judicial Review Invalidity of Visa Application Forms Section 48 a Migration Act

Case Brief

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Parties

SZVJV

First Appellant

SZVJU

Second Appellant

Minister for Immigration and Border Protection

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether s 48A Migration Act rendered Appellants' protection visa application invalid
  2. 2 Whether previous protection visa applications using updated Form 866 were valid
  3. 3 Whether procedural fairness was provided

Ratio Decidendi

Section 48A applies to the Appellants, regardless of the grounds or form used, due to the binding authority of SZMOX; their latest protection visa application was invalid and the appeal failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal be dismissed.
  • The Appellants pay the Respondent's costs as taxed or agreed.