Federal Court of Australia
Federal Court of Australia
BWI20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 518 Appeal from: BWI20 v Minister for Home Affairs & Anor [2020] FCCA 2475
File number(s): VID 665 of 2020
Judgment of: JAGOT J
Date of judgment: 14 May 2021
Catchwords: MIGRATION – alleged failure of Administrative Appeals Tribunal to consider a clearly articulated argument – appellant's promise not to re-offend – appellant's promise and risk of re-offending not a mandatory relevant consideration – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 116(1)(g), 360 and 449 Migration Regulations 1994 (Cth), r 2.43(1)(p)
Cases cited: 1927672 (Migration) [2020] AATA 4936 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; (2018) 261 FCR 503 BWI20 v Minister for Home Affairs & Anor [2020] FCCA 2475 Kaur v Minister for Immigration and Border Protection [2014] FCA 1046; (2014) 144 ALD 292
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 34
Date of hearing: 30 April 2021
Counsel for Appellant: Mr M Kenneally
Solicitor for Appellant: Victoria Legal Aid
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