Federal Court of Australia
Federal Court of Australia
BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 184 Appeal from: BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 585
File number: NSD 641 of 2023
Judgment of: YATES, RAPER AND JACKMAN JJ
Date of judgment: 30 November 2023
Catchwords: MIGRATION – appeal from decision of the Federal Court of Australia – where appellant suffered from severe mental health condition – whether the Tribunal acted under dictation from a decision of an earlier Tribunal – whether Tribunal erred in finding that the appellant would not suffer harm and would not face significant impediments upon return to Vietnam – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 501(3A), 501CA(4), 501CA(4)(b)(ii)
Cases cited: Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1311 BKX23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 585 BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Evans v Donaldson (1909) 9 CLR 140 Re Romato; Ex parte Mitchell James Holdings Pty Ltd [2001] WASCA 286 WQKK v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 535
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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