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Dhillon v Minister for Immigration and Border Protection [2018] FCA 86

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MIGRATION – appeal from Federal Circuit Court – whether decision affected by jurisdictional error – application for judicial review dismissed – Federal Circuit Court decision upheld – no appellable error identified MIGRATION – procedural fairness obligations of the Tribunal under s 359A of the Migration Act 1958 (Cth) – application of s 359A(1) – no record of refusal decision – failure of Tribunal to comply with s 359A(1) amounts to jurisdictional error – appeal futile – Tribunal required to affirm decision not to grant Employer Nomination Residence (Class BW) visa MIGRATION – appeal from Federal Circuit Court – joinder of child as a third appellant in the appeal – child not named as party to application for judicial review to Federal Circuit Court – ss 478 and 479 of the Migration Act 1958 (Cth) – child has no standing – leave for child to be joined as a party refused

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