SZHYH v Minister for Immigration and Border Protection [2018] FCA 687

SZHYH v Minister for Immigration and Border Protection [2018] FCA 687

The primary issue at this stage is to ensure the appellant is afforded a proper opportunity to put further submissions and any evidence with the assistance of pro bono counsel, in light of previous proceedings and his procedural complaints, before the determination of the appeal is finalised.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Appeal / Interlocutory Directions and Case Management Orders
Outcome
Matter stood over part-heard with directions for further submissions and legal assistance; costs reserved.
Legal Topics
['judicial Review' 'protection Visa' 'tribunal Procedure']
['administrative Law' 'immigration Law' 'human Rights'] ['judicial Review' 'protection Visa' 'tribunal Procedure']

Case Brief

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Procedural Posture

Appeal / Interlocutory Directions and Case Management Orders

Legal Issues

  1. 1 ['Whether the appellant was afforded a proper opportunity to present his case before the Tribunal and the Court' "Whether the Tribunal's disbelief of the appellant's version of events was reasonably founded on inconsistencies" 'Whether procedural fairness was afforded to the appellant by the Tribunal and Court']

Ratio Decidendi

The primary issue at this stage is to ensure the appellant is afforded a proper opportunity to put further submissions and any evidence with the assistance of pro bono counsel, in light of previous proceedings and his procedural complaints, before the determination of the appeal is finalised.

Court Disposition

Matter stood over part-heard with directions for further submissions and legal assistance; costs reserved.

Orders

  • ['Appellant to provide residential and email address to first respondent by 11 May 2018.' 'Appellant be referred to a lawyer for legal assistance under r 4.12 of the Federal Court Rules 2011 (Cth), with a referral certificate to issue.' 'Transcript of the hearing before the Federal Circuit Court of Australia to be...