Federal Court of Australia
Federal Court of Australia
CNS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 921 Appeal from: CNS18 & Ors v Minister for Home Affairs & Anor [2020] FCCA 1854
File number: SAD 110 of 2020
Judgment of: BESANKO J
Date of judgment: 9 August 2021
Catchwords: MIGRATION — appeal from orders made by Federal Circuit Court of Australia dismissing appellants' application for judicial review of a decision of Immigration Assessment Authority — where Authority affirmed a decision of a delegate of Minister to refuse to grant Safe Haven Enterprise visas to appellants — where appellants claim protection on basis that they would face persecution by reason of being stateless Muslims from Myanmar of unknown ethnicity — where Authority did not accept that appellants are of Rohingya ethnicity — where Authority did not accept that appellants are stateless and found that appellants are nationals of Myanmar — whether Authority erred in treating finding that appellants are not of Rohingya ethnicity as determinative of whether they are stateless — appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5AA, 46A
Cases cited: CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate