Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AIB16 v Minister for Immigration and Border Protection [2017] FCAFC 163 Appeal from: AIB16 v Minister for Immigration [2017] FCCA 231
File number: VID 276 of 2017
Judges: TRACEY, MORTIMER AND MOSHINSKY JJ
Date of judgment: 16 October 2017
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – statutory construction of s 91W of the Migration Act 1958 (Cth) – consideration of "reasonable explanation" for provision of bogus document – circumstances where delegate considered appellant's claim to fear persecution as part of appellant's explanation for the provision of a bogus document – appeal dismissed MIGRATION – statutory construction of Pt 7AA of the Migration Act – consideration of exclusion from fast track review process – whether bogus document provided "in support of" protection visa application – consideration of procedural fairness obligations in relation to exclusion from fast track review process – appeal dismissed
Legislation: Migration Act 1958 (Cth), Pt 7AA, ss 5(1), 5(9)(c), 36(2), 45, 46A, 47, 56, 57, 65, 91W, 91WA, 473BB, 473BC, 473CA, 476 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Legislation Amendment Act (No. 6) 2001 (Cth) Migration Regulations 1994 (Cth), Sch 4, Item 4020
Cases cited: BGM16 v Minister for Immigration and Border Protection [2017] FCAFC 72 Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19; 201 CLR 293 Gill v Minister for Immigration and Border Protection [2016] FCAFC 142 Kioa v West [1985] HCA 81; 159 CLR 550 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Plaintiff S297/2013 v Minister for Immigration and Border Protection [2014] HCA 24; 255 CLR 179 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24; 228 CLR 294 Singh v Minister for Immigration and Border Protection [2016] FCAFC 141; 247 FCR 554 Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42; 220 FCR 169
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