Federal Court of Australia
Federal Court of Australia
CZT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 819 Appeal from: CZT16 v Minister for Home Affairs [2020] FCCA 1451
File number: SAD 91 of 2020
Judgment of: HALLEY J
Date of judgment: 21 July 2021
Catchwords: MIGRATION – protection visa application – appeal from Federal Circuit Court of Australia – review of decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant the appellants protection visas – where Tribunal concluded there was only a remote risk of significant harm if appellant returned to Albania – whether primary judge erred in failing to find that the Tribunal relied upon illogical or irrational reasoning – whether error in reasoning was sufficiently material to amount to jurisdictional error – appeal allowed.
Legislation: Federal Circuit Court Rules 2001 (Cth) r 16.05 Migration Act 1958 (Cth) ss 36, 65, 476
Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 AWU16 v Minister for Immigration and Border Protection [2020] FCA 513 BZD17 v Minister for Immigration and Border Protection (2018) 263 FCR 292; [2018] FCAFC 94 CGA15 v Minister for Home Affairs (2019) 268 FCR 262; [2019] FCAFC 46 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 CRL18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 917 CZT16 v Minister for Home Affairs [2020] FCCA 1451 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 DQM18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 Minister for Immigration and Citizenship v SZRKT and Another (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Border Protection the v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 SZOOR v The Minister for Immigration and Citizenship (2012) 202 FCR 1; [2012] FCAFC 58
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