Federal Court of Australia
Federal Court of Australia
CPQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 191 Appeal from: CPQ19 & Ors v Minister for Immigration & Anor [2020] FCCA 657
File number(s): NSD 406 of 2020
Judgment of: RARES, THOMAS AND BANKS-SMITH JJ
Date of judgment: 27 October 2020
Catchwords: MIGRATION – whether Immigration Assessment Authority determined protection visa applicants' citizenship solely by reference to law of receiving country under ss 5(1) and 5J Migration Act 1958 (Cth) – whether country information sufficient to support Authority's finding as to visa applicants' citizenship
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 5(1), 5J, 36(2), 473EA(1)(b)
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 30
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