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Minister for Immigration and Border Protection v SZVCH [2016] FCAFC 127

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MIGRATION - Refugee Review Tribunal (Tribunal) affirmed delegate's decision not to grant SZVCH a protection visa - Federal Circuit Court of Australia (FCCA) held the Tribunal was obliged to consider the applicability of both s 36(2)(a) and (aa) of the Migration Act 1958 (Cth) where delegate had considered both criteria - FCCA held that the Tribunal fell into jurisdictional error by failing to consider both criteria - whether FCCA erred in holding that the Tribunal fell into jurisdictional error - whether SZVCH's application was invalid by operation of s 48A of the Migration Act 1958 (Cth)

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