Federal Court of Australia
Federal Court of Australia
APW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 46 Appeal from: APW17 v Minister for Immigration and Anor [2019] FCCA 2689
File number: NSD 1613 of 2019
Judgment of: NICHOLAS J
Date of judgment: 3 February 2021
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court – whether a finding made on the way to the ultimate decision was legally unreasonable – whether finding reflected extreme illogicality – whether ultimate decision affected by jurisdictional error – whether appellant deprived of a realistic possibility of a successful outcome – held that decision affected by jurisdictional error – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36(2), 65
Cases cited: DTN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1525 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 Minister for Immigration & Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZOCT (2010) 189 FCR 577 Minister for Immigration and Border Protection v Haq (2019) 267 FCR 513 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 Tsvetnenko v United States of America (2019) 269 FCR 225
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