Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BFV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1362 Appeal from: BFV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2019] FCCA 3684
File number: NSD 41 of 2020
Judge: CHARLESWORTH J
Date of judgment: 23 September 2020
Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court of Australia – primary judge dismissing application for judicial review of the Immigration Assessment Authority – whether the Authority misconstrued or misapplied s 473DD of the Migration Act 1958 (Cth) – whether the Authority erred in failing to consider the significance of information relating to a tattoo on the appellant's right arm capable of imputing to him the views of a religious non-conformist – whether information about the existence and nature of the tattoo was capable of affecting the outcome of the Minister's decision had it been disclosed – whether the Authority committed jurisdictional error by conducting the review and affirming the original decision in circumstances where it had not been provided with all of the documents that had been given by the appellant to the original decision-maker
Legislation: Migration Act 1958 (Cth) ss 5AA, 5H, 5J, 36, 65, 473CA, 473CB, 473CC, 473DB, 473DC, 473DD, 474, Pt 7AA
Cases cited: AHB16 v Minister for Home Affairs [2018] FCA 2006 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 BFV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2019] FCCA 3684 EVS17 v Minister for Immigration and Border Protection (2019) 268 FCR 299 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v CPA16 (2019) 268 FCR 379 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Shrestha v Minister for Immigration and Border Protection (2018) 264 CLR 151
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate