Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BMY16 v Minister for Immigration and Border Protection [2020] FCA 159 Appeal from: BMY16 v Minister for Immigration & Anor [2019] FCCA 678
File number: NSD 540 of 2019
Judge: O'BRYAN J
Date of judgment: 21 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether Tribunal's reasoning irrational or irrelevant – whether Tribunal required to put appellant's credibility to appellant for comment – whether Tribunal entitled to rely on same factual findings in dealing with appellant's claims under ss 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth) – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship (2007) 96 ALD 1
Date of hearing: 12 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 28
Counsel for the Appellant: The appellant appeared in person with the aid of an interpreter
Solicitor for the First Respondent: Mr S Valliappan of DLA Piper Australia
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