Federal Court of Australia
Federal Court of Australia
CJE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1620 Appeal from: CJE19 v Minister for Immigration & Anor [2020] FCCA 267
File number: NSD 305 of 2020
Judgment of: BEACH J
Date of judgment: 6 November 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court – application for a temporary protection visa – refusal by delegate – decision of Immigration Assessment Authority to affirm delegate's decision – illogicality or irrationality – failure to give consideration to evidence – whether unreasonable failure to exercise power under s 473DC(3) of the Migration Act 1958 (Cth) – jurisdictional error established – appeal allowed
Legislation: Migration Act 1958 (Cth) s 473DC(3)
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 APE16 v Minister for Home Affairs [2020] FCAFC 93 CSO15 v Minister for Immigration and Border Protection (2018) 260 FCR 134 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 103
Date of hearing: 16 October 2020
Counsel for the Appellant: Dr A McBeth
Solicitor for the Appellant: Clothier Anderson & Associates
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