Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AWG18 v Minister for Home Affairs [2020] FCA 744 Appeal from: AWG18 & Ors v Minister for Home Affairs & Anor [2018] FCCA 2150
File number(s): QUD 593 of 2018
Judge(s): GREENWOOD J
Date of judgment: 29 May 2020
Catchwords: MIGRATION – consideration of the question of whether the primary judge fell into error by failing to recognise that the Immigration Assessment Authority had engaged in error constituting jurisdictional error – consideration of whether the Immigration Assessment Authority engaged in jurisdictional error in the context of contentions that the Authority failed to appreciate an essential integer of the claimed fear; failed to consider particular country information reports and text in those reports emphasised by the appellants; and whether in reaching a conclusion about a particular matter, the Authority made a finding affected by illogicality or irrationality
Legislation: Migration Act 1958 (Cth), ss 35A, 36, 65
Cases cited: AWG18 & Ors v Minister for Home Affairs & Anor [2018] FCCA 2150 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
Date of hearing: 6 February 2019
Date of last submissions: 30 January 2019
Registry: Queensland
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