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MZAFR v Minister for Immigration and Border Protection (No 2) [2018] FCA 188

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MIGRATION - whether the primary judge erred in not concluding that the then Refugee Review Tribunal (the Tribunal) had failed to comply with s 425(1) of the Migration Act 1958 (Cth) - whether s 425(1) of the Migration Act was not complied with because the appellant was not made aware of an issue which arose in relation to the decision of the Tribunal under review ADMINISTRATIVE LAW - Writ of Certiorari to quash the decision of the second respondent - Writ of Mandamus, requiring the second respondent to determine, according to law, the appellant's application for judicial review PRACTICE AND PROCEDURE - whether the appeal should be allowed - whether the orders made by the primary judge ought to be set aside

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