Federal Court of Australia
Federal Court of Australia
BDS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 112 Appeal from: BDS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 1039
File number(s): NSD 1434 of 2023
Judgment of: BROMWICH, LEE AND HALLEY JJ
Date of judgment: 3 September 2024
Catchwords: MIGRATION – Appeal from Federal Circuit and Family Court of Australia (Div 2) – grounds of apprehended bias, failure to discharge judicial review functions, denial of fairness by primary judge and error by primary judge in failing to find error in Tribunal findings relating to weight to be given to documents provided by appellant purporting to be genuine court documents and associated credit findings – all appeal grounds fail – appeal dismissed with costs
Cases cited: BDS17 v Minister for Immigration and Border Protection [2018] FCA 1683 BUW16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 238 Minister for Immigration and Citizenship v SZNSO [2010] FCAFC 50; 184 FCR 485 WAJQ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1580
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 75
Date of hearing: 5 August 2024
Counsel for the Appellant: Mr A Silva and Mr N Silva
Counsel for the First Respondent: Mr J.B. Kay Hoyle SC and Mr T Reilly
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