Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BYD16 v Minister for Immigration and Border Protection [2017] FCA 1535 Appeal from: BYD16 v Minister for Immigration & Anor [2017] FCCA 222
File number: QUD 86 of 2017
Judge: COLLIER J
Date of judgment: 19 December 2017
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – whether Tribunal's decision affected by jurisdictional error – whether Tribunal made findings without evidence –whether appellant was a "credible witness" – circumstances in which Tribunal is obliged to consider a claim – whether claim was an "actual claim" –appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 65, 424A, 424A(1)(a), 424A(1)(c), 425, 425(1)
Cases cited: Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380 BYD16 v Minister for Immigration & Anor [2017] FCCA 222 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136; [2001] FCA 1802 Minister for Immigration & Multicultural & Indigenous Affairs v SCAR (2003) 128 FCR 553; [2003] FCAFC 126 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 SZNBX v Minister for Immigration and Citizenship (2009) 112 ALD 475; [2009] FCA 1403 SZUTM v Minister for Immigration and Border Protection (2016) 241 FCR 214; [2016] FCA 45
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