SZFSV v Minister for Immigration and Citizenship [2007] FCA 1860

SZFSV v Minister for Immigration and Citizenship [2007] FCA 1860

The importance and unsettled nature of the issue whether s 425 requires a new Tribunal hearing after remittal justifies referral of the appeal to a Full Court.

Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Appeal / Adjournment to Full Court
Outcome
Hearing adjourned; appellate jurisdiction to be exercised by a Full Court; no order as to costs of adjournment.
Legal Topics
['s 425 Migration Act' 'appellate Jurisdiction' 'requirement to Provide Hearing on Remittal' 'referral to Full Court' 'costs of Adjournment']
['migration Law'] ['s 425 Migration Act' 'appellate Jurisdiction' 'requirement to Provide Hearing on Remittal' 'referral to Full Court' 'costs of Adjournment']

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Procedural Posture

Appeal / Adjournment to Full Court

Legal Issues

  1. 1 ['Whether s 425 of the Migration Act 1958 (Cth) requires the newly constituted Tribunal to provide the applicant a hearing after remittal' 'Appropriateness of referral to the Full Court given conflicting authorities']

Ratio Decidendi

The importance and unsettled nature of the issue whether s 425 requires a new Tribunal hearing after remittal justifies referral of the appeal to a Full Court.

Court Disposition

Hearing adjourned; appellate jurisdiction to be exercised by a Full Court; no order as to costs of adjournment.

Orders

  • ['The hearing of the appeal be adjourned to a date to be fixed in the Full Court sittings of the Court in February 2008.' 'The appellate jurisdiction of the Court in relation to the appeal be exercised by a Full Court.' 'There be no order as to the costs of the adjournment.']