Federal Court of Australia
Federal Court of Australia
ABA20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 544 Appeal from: ABA20 v Minister for Immigration & Anor [2020] FCCA 2458
File number: NSD 1044 of 2020
Judgment of: YATES J
Date of judgment: 24 May 2021
Catchwords: MIGRATION – appeal from the Federal Circuit Court in judicial review proceedings– whether decision of the Administrative Appeals Tribunal was legally unreasonable – whether the Tribunal had a real and meaningful engagement with the evidence before it – where appellant had applied for a protection visa.
Legislation: Migration Act 1958 (Cth) ss 5J(1), 36(2), 424A
Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 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 DBX16 v Minister for Immigration and Border Protection [2021] FCA 238 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 78
Date of hearing: 26 April 2021
Counsel for Appellant: Mr N Poynder
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: Australian Government Solicitor
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