Federal Court of Australia
Federal Court of Australia
AVE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 16 Appeal from: AVE17 v Minister for Immigration & Anor [2019] FCCA 1194
File number: NSD 738 of 2019
Judgment of: NICHOLAS J
Date of judgment: 28 January 2021
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court – whether a finding made by the Immigration Assessment Authority that the abduction of the appellant's father was part of an extortion attempt was an illogical or irrational finding – where relevant finding open to the Authority to make on the material – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 5H(1), 36(2)
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Metwally v University of Wollongong (1985) 60 ALR 68 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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