Federal Court of Australia
Federal Court of Australia
DXG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 41 Appeal from: DXG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FedCFamC2G 175
File number(s): VID 221 of 2023
Judgment of: BEACH, WHEELAHAN AND O'BRYAN JJ
Date of judgment: 21 March 2024
Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) – where delegate of first respondent refused to grant appellants protection visas under s 65 of Migration Act 1958 (Cth) (Act) – where Immigration Assessment Authority (Authority) affirmed delegate's decision under s 473CC of the Act – where Federal Circuit Court dismissed application for judicial review of Authority's decision – grounds of appeal concern failure by first appellant to produce documentary evidence in response to request by Minister under s 91W of the Act – no jurisdictional error by Authority identified – no error by primary judge identified – appeal dismissed
Legislation: Constitution s 75 Migration Act 1958 (Cth) ss 5AAA, 36, 65, 91W, 473CC, 473DB, 473DC, 476 Migration Amendment (Protection and other Measures) Act 2015 (Cth)
Cases cited: AIB16 v Minister for Immigration (2017) 254 FCR 457 BGM16 v Minister for Immigration and Border Protection (2017) 252 FCR 97 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 CPQ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 191 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Minister for Home Affairs v DUA16 (2020) 271 CLR 550 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 22 CLR 152
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