Federal Court of Australia
Federal Court of Australia
CFK16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 470 Appeal from: CFK16 & Ors v Minister for Immigration & Anor [2020] FCCA 1940
File number(s): VID 537 of 2020
Judgment of: ANDERSON J
Date of judgment: 11 May 2021
Catchwords: MIGRATION – second respondent affirmed decision of delegate of the first respondent to refuse to grant certain visas to the appellants – primary judge dismissed appellants' application for judicial review – first appellant made a religious apathy claim in an invalid application for a protection visa – religious apathy claim not repeated in subsequent valid application for a protection visa – whether this religious apathy claim was "abandoned" before the delegate of the first respondent in the second valid protection visa application Held: religious apathy claim was abandoned before the first respondent's delegate
Legislation: Migration Act 1958 (Cth), ss 46A, 54, 55, 56
Cases cited: CFK16 & Ors v Minister for Immigration & Anor [2020] FCCA 1940 DFU16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 222 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 76
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