Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CBN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2190 Appeal from: CBN18 & Ors v Minister for Home Affairs & Anor [2019] FCCA 1265
File number: NSD 880 of 2019
Judge: STEWART J
Date of judgment: 23 December 2019
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court (FCC) dismissing the appellants' application for judicial review of a decision by the Immigration Assessment Authority under Pt 7AA, Migration Act 1958 (Cth) – first appellant claimed fear of harm in Sri Lanka – where first appellant gave inconsistent evidence at screening interview – where Authority did not accept first appellant's later claims in protection visa application – whether the Authority failed to properly consider the appellants' claims – jurisdictional error – appeal allowed
Legislation: Judiciary Act 1903 (Cth) s 35A Migration Act 1958 (Cth) ss 5AA, 36(2), 46A, 473DC, 476, 476A and Pts 7AA and 8
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 361 ALR 227 BEL16 v Minister for Home Affairs [2019] FCA 1678 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALD 224 MZXQS v Minister for Immigration and Citizenship and Another [2009] FCA 97; 107 ALD 33 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328; 214 ALR 264 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; 147 FCR 51 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Singh v Minister for Home Affairs [2019] FCAFC 3
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