Federal Court of Australia
Federal Court of Australia
BYT19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1695 Appeal from: BYT19 v Minister Immigration & Anor [2020] FCCA 1168
File number(s): VID 353 of 2020
Judgment of: ANASTASSIOU J
Date of judgment: 26 November 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – Appellant raised issues in protection visa application regarding caste and caste system in India – whether Administrative Appeals Tribunal was required to consider, and did consider, such issues in respect of reasonableness of relocation – reliance on earlier factual findings in dismissing refugee and complementary protection claims – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 36, 65
Cases cited: MZANX v Minister for Immigration and Border Protection [2017] FCA 307 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZNCY v Minister for Immigration and Border Protection [2018] FCA 691
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 38
Date of hearing: 20 October 2020
Counsel for the Appellant: Mr A. Aleksov
Solicitor for the Appellant: Clothier Anderson Immigration Lawyers
Counsel for the First Respondent: Ms L. Mills
Solicitor for the First Respondent: The Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice and did not appear
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