SZTIB v Minister for Immigration and Border Protection [2014] FCA 1179

Given the overlap in legal issues across multiple cases, including the present one, and the pending special leave application to the High Court in WZAPN v Minister for Immigration and Border Protection [2014] FCA 947, the matter should be adjourned and listed for a hearing after the outcome of those proceedings is known.

Jurisdiction: Australia
Judgment Date: 05 November 2014
Procedural Posture: Appeal / Adjournment Pending Outcome of Related High Court Special Leave Application
Outcome: Matter adjourned pending outcome of special leave application in WZAPN v Minister for Immigration and Border Protection [2014] FCA 947.
Legal Topics: ['special Leave Applications' 'grounds of Appeal' 'adjournment of Proceedings']

['migration Law'] ['special Leave Applications' 'grounds of Appeal' 'adjournment of Proceedings']

Case Brief

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Procedural Posture

Appeal / Adjournment Pending Outcome of Related High Court Special Leave Application

Legal Issues

1 ['Whether the Refugee Review Tribunal applied the wrong test pursuant to s 91R(2)(a) of the Migration Act 1958']

Ratio Decidendi

Court Disposition

Matter adjourned pending outcome of special leave application in WZAPN v Minister for Immigration and Border Protection [2014] FCA 947.

Orders

['The hearing listed for 5 November 2014 is vacated.' 'Matter to be listed for hearing on a date to be advised after the outcome of the special leave proceedings and, if applicable, the appeal in WZAPN v Minister for Immigration and Border Protection [2014] FCA 947.' "The first respondent's solicitor to notify the...