GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 932

Federal Court of Australia

GNRK v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 932 Review of: GNRK and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] AATA 250

File number(s): NSD 210 of 2021

Judgment of: SC DERRINGTON J

Date of judgment: 9 August 2021

Catchwords: ADMINISTRATIVE LAW – judicial review pursuant to s 476A of Migration Act 1958 (Cth) – whether tribunal misconstrued applicant's evidence – whether decision of tribunal legally unreasonable

Legislation: Migration Act 1958 (Cth) ss 476A, 499(1), 499(2A), 501(1),(6),(7)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 CGQ15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 Meyrick v Minister for Immigration, Migrant Services and Multicultural Affairs [2020] FCAFC 209 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; (2016) 69 AAR 210 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2001) 241 CLR 594 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323