Federal Court of Australia
Federal Court of Australia
AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 114 Appeal from: AIO21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1105
File number: VID 582 of 2021
Judgment of: KENNY, O'CALLAGHAN AND THAWLEY JJ
Date of judgment: 6 July 2022
Catchwords: MIGRATION – appeal: whether Tribunal failed to comply with cl 14(1)(a) of Direction 65 by failing to consider for itself "international non-refoulement obligations" – appeal dismissed – cross-appeal: whether second judicial review application precluded by reason of res judicata, Anshun estoppel, abuse of process – cross appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 31A(2) Federal Court Rules 2011 (Cth), r 26.01
Cases cited: Applicant A321 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 306 Applicants S311 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 45 BC v Minister for Immigration and Multicultural Affairs [2001] FCA 1669; 67 ALD 6 Bryant v Commonwealth Bank of Australia (1995) 57 FCR 287; 130 ALR 129 Clayton v Bant [2020] HCA 44; 95 ALJR 34; 385 ALR 41 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Macquarie Bank Ltd v National Mutual Life Association of Australasia Ltd (1996) 40 NSWLR 543 Matson v Attorney-General (Cth) [2021] FCA 161 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH [2006] HCA 53; 231 CLR 1 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; (2021) 395 ALR 403 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 at 597 Re Ruddock; Ex parte LX [2003] FCA 561 S307 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 650 S635 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 65 Somanader v Minister for Immigration and Multicultural Affairs [2000] FCA 1192; 178 ALR 677 Thayananthan v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1054; (2003) 132 FCR 222 Thoday v Thoday [1964] P 181 Trawl Industries of Australia Pty Ltd v Effem Foods Pty Ltd (1992) 36 FCR 406
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