Federal Court of Australia
Federal Court of Australia JFJF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 69 Appeal from: JFJF v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1401
File number: NSD 16 of 2023
Judgment of: PERRAM, MEAGHER and HESPE JJ
Date of judgment: 10 May 2023
Catchwords: MIGRATION – appeal from decision of Federal Court of Australia dismissing judicial review application – where Administrative Appeals Tribunal ('Tribunal') affirmed decision of Minister's delegate to refuse to grant protection visa – where Tribunal found that Appellant is a danger to the Australian community – whether primary judge erred in failing to find that Tribunal fell into jurisdictional error by unreasonably or irrationally giving psychologist's report limited weight – where application for an extension of time unnecessary
Legislation: Migration Act 1958 (Cth) ss 36(1A)(a), 36(1C)(b) Federal Court Rules 2011 (Cth) rr 2.25(1), (3)
Cases cited: JFJF v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1401
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 13
Date of last submissions: 1 May 2023 (Appellant) 4 May 2023 (First Respondent)
Date of hearing: 10 May 2023
Counsel for the Appellant: Mr P Berg
Counsel for the First Respondent: Mr G Johnson
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