SZSZT v Minister for Home Affairs [2019] FCA 1920

SZSZT v Minister for Home Affairs [2019] FCA 1920

No material breach was established arising from the invalid s 438 certificate or the Tribunal's handling of it; the appeal grounds were not made out, and the Tribunal's decision was not infected by jurisdictional error. Appeal dismissed.

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Judicial Review Appeal / Appeal From Federal Circuit Court to Federal Court
Outcome
appeal dismissed
Legal Topics
['protection Visa' 'procedural Fairness' 'jurisdictional Error' 's 438 Certificate' 'appeal Process']
['migration Law' 'administrative Law'] ['protection Visa' 'procedural Fairness' 'jurisdictional Error' 's 438 Certificate' 'appeal Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review Appeal / Appeal From Federal Circuit Court to Federal Court

Legal Issues

  1. 1 ['Whether the Tribunal failed to afford procedural fairness to the appellant in respect of information subject to a s 438 certificate' 'Whether the Tribunal acted on an invalid certificate under s 438(1)(a) of the Migration Act 1958' 'Whether there was jurisdictional error by reason of the invalid certificate or non-disclosure' "Whether Tribunal's discretion under s 438(3)(b) applied"]

Ratio Decidendi

No material breach was established arising from the invalid s 438 certificate or the Tribunal's handling of it; the appeal grounds were not made out, and the Tribunal's decision was not infected by jurisdictional error. Appeal dismissed.

Court Disposition

appeal dismissed

Orders

  • ["The name of the first respondent be amended to 'Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs'." 'The appeal is dismissed.' 'The appellant to pay the costs of the first respondent to be agreed or taxed.']