Federal Court of Australia
Federal Court of Australia
FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153 Appeal from: FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 4
File number: NSD 121 of 2023
Judgment of: SNADEN, ABRAHAM AND HALLEY JJ
Date of judgment: 12 September 2023
Catchwords: MIGRATION – whether the primary judge erred in finding that the appellant had been "refused" a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) – where the Administrative Appeals Tribunal's affirmation of that refusal had been substituted by the Assistant Minister granting the appellant a different visa under s 417 of the Migration Act 1958 (Cth) HELD – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) Migration Legislation Amendment Act (No. 4) 1995 (Cth) Migration Reform Act 1992 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Al Tekriti v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 772; (2004) 138 FCR 60 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2016] FCAFC 169; (2016) 247 FCR 138 Chou v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 130; (2021) 286 FCR 459 1 Collector of Customs (New South Wales) v Brian Lawlor Automotive Pty Ltd [1979] FCA 37; (1979) 24 ALR 307 Daher v Minister for Immigration and Ethnic Affairs [1996] FCA 1011; (1996) 70 FCR 585 FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 4 Kim v Minister for Immigration and Citizenship [2008] FCAFC 73; (2008) 167 FCR 578 Madafferi v Minister for Immigration & Multicultural Affairs [2002] FCAFC 220; (2002) 118 FCR 326 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 2 SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1055; (2022) 179 ALD 156 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Trout v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 583
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