Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFB16 v Minister for Immigration and Border Protection [2021] FCA 113 Appeal from: DFB16 v Minister for Immigration & Anor [2019] FCCA 52
File number: VID 80 of 2019
Judge: ANASTASSIOU J
Date of judgment: 19 February 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – protection visa application – fear of harm from Maoists in Nepal due to extortion threats – whether primary judge erred by failing to conclude the Immigration Assessment Authority fell into jurisdictional error by reasoning illogically or irrationally – alternative constructions of Authority's reasons – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: AAD16 v Minister for Immigration and Border Protection [2018] FCA 1433 AGD15 v Minister for Home Affairs [2019] FCA 896 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 266 FCR 83 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091 BZA16 v Minister for Immigration and Border Protection (No 2) [2019] FCA 60 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681; 272 FCR 409 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16; 274 FCR 646 Minister for Immigration and Border Protection v Gill [2019] FCAFC 9; 268 FCR 575 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Lay Lat [2006] FCAFC 61; 151 FCR 214 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; 255 FCR 81 PKBV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2047; 168 ALD 235 SJSB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 225 Tran v Minister for Immigration and Border Protection [2019] FCAFC 126
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