Federal Court of Australia
Federal Court of Australia
Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 70 Appeal from: Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1410
File number(s): VID 1031 of 2023
Judgment of: SNADEN, DOWNES AND MCEVOY JJ
Date of judgment: 3 June 2024
Catchwords: MIGRATION – appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal – where unarticulated claim of a "health issue" as an impediment if removed said to have emerged before Tribunal – where no evidence adduced before Tribunal of diagnosed medical condition – where contradictory evidence before the Tribunal regarding appellant's misuse of drugs and alcohol – where evidence before the Tribunal indicated that the appellant's misuse of drugs and alcohol did not rise to the level of a "health issue" that would present an impediment if removed – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 499, 500, 501, 501CA
Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503; [2018] FCAFC 89 Doves v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 134 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516; [2023] FCAFC 116 Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1410
Division: General Division
Registry: Victoria
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