SZTCU v Minister for Immigration and Border Protection [2014] FCA 1428

SZTCU v Minister for Immigration and Border Protection [2014] FCA 1428

The appeal was adjourned because the appellant's WZAPN-based ground and the Minister's response based on the general application of the relevant law were both subject to existing or imminent challenges, and the interests of justice were best served by dealing with the case consistently with other cases in which the WZAPN controversy had become manifest.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Migration Appeal From the Federal Circuit Court of Australia / Application for Adjournment of Appeal
Outcome
Appeal adjourned; costs reserved.
Legal Topics
['refugee Review Tribunal' 'serious Harm' 'jurisdictional Error' 'adjournment Pending Special Leave Application or Full Court Appeal' 'migration Act 1958 (cth) S 91 R']
['migration Law' 'administrative Law'] ['refugee Review Tribunal' 'serious Harm' 'jurisdictional Error' 'adjournment Pending Special Leave Application or Full Court Appeal' 'migration Act 1958 (cth) S 91 R']

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Procedural Posture

Migration Appeal From the Federal Circuit Court of Australia / Application for Adjournment of Appeal

Legal Issues

  1. 1 ['Whether the appeal should be adjourned pending the determination of the special leave application or Full Court proceedings concerning WZAPN v Minister for Immigration and Border Protection [2014] FCA 947.' "Whether the appellant's amended ground alleging that the Refugee Review Tribunal applied the wrong test under section 91R(2)(a) of the Migration Act 1958 (Cth) should be addressed before challenges concerning WZAPN and the Minister's distinguishing argument were resolved."]

Ratio Decidendi

The appeal was adjourned because the appellant's WZAPN-based ground and the Minister's response based on the general application of the relevant law were both subject to existing or imminent challenges, and the interests of justice were best served by dealing with the case consistently with other cases in which the WZAPN controversy had become manifest.

Court Disposition

Appeal adjourned; costs reserved.

Orders

  • ['The Appeal is adjourned to a date to be fixed following the hearing and determining of the Special Leave application in respect of WZAPN v Minister for Immigration and Border Protection, or the appeal to the Full Court in respect of the issues raised by that case to be heard in the Courts in the February 2015...