Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AHZ16 v Minister for Immigration and Border Protection [2018] FCA 164 Appeal from: AHZ16 v Minister for Immigration and Border Protection [2017] FCCA 2000
File number: NSD 1544 of 2017
Judge: PERRY J
Date of judgment: 27 February 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court (FCC) decision upholding delegate's decision - where delegate found that the appellant's protection visa application was invalid under ss 91N and 91P, Migration Act 1958 (Cth) on the ground of dual nationality – meaning of "national" in s 91N(1) – where expert evidence led in FCC on content of Syrian and Greek law governing nationality - whether FCC correctly considered whether the appellant was a dual national on the evidence before it or whether that finding of fact was for the delegate – where in any event no error in the delegate's decision – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 91M, 91N, 91P, 91Q
Cases cited: Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135 Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54; (2005) 223 CLR 331 SZOAU v Minister for Immigration and Citizenship [2012] FCAFC 33; (2012) 199 FCR 448 SZQYM v Minister for Immigration and Citizenship [2014] FCA 427; (2014) 220 FCR 505
Date of hearing: 20 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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