Federal Court of Australia
Federal Court of Australia
GWRV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 39 Appeal from: GWRV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 602
File number: WAD 120 of 2022
Judgment of: JACKSON, ABRAHAM AND FEUTRILL JJ
Date of judgment: 15 March 2023
Catchwords: MIGRATION – judicial review – application for protection via – appeal against decision of primary judge to uphold decision of the Administrative Appeals Tribunal – where Tribunal refused application for protection visa because it had serious reasons for considering the appellant committed a serious non-political crime before entering Australia – where Tribunal sitting in General Division – where appellant previously found to be refugee – where first decision maker found complementary protection criterion in s 36(2)(aa) of the Migration Act not satisfied – whether bifurcated system of review required Tribunal to also consider s 36(2)(aa) – whether failure to consider s 36(2)(aa) a material error. Held: appeal dismissed – Tribunal did not have jurisdiction to consider s 36(2)(aa) of the Migration Act – failure not otherwise material
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 17C, 17D, 43 Migration Act 1958 (Cth) ss 5H, 36, 47, 54, 65 408, 409(2), 411, 417, 500
Cases cited: Daher v Minister for Immigration and Ethnic Affairs [1996] FCA 1011; (1997) 77 FCR 107 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; (2019) 266 CLR 250 GWRV and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 2803 GWRV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 602 Hamidy v Minister for Immigration and Border Protection [2019] FCA 221 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 390 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate