Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CRK18 [2021] FCA 1070 Appeal from: CRK18 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCCA 267
File number(s): SAD 31 of 2021
Judgment of: KERR J
Date of judgment: 8 September 2021
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where the Minister submits that the reasoning of the plurality of the High Court of Australia in ABT17 v Minister for Immigration (2020) 94 ALJR 928 (ABT17), properly understood, is inconsistent with the analysis of the learned primary judge in his Honour's reasons – where there is no appealable error in the primary judge's application of the principles articulated by the plurality in ABT17
Legislation: Migration Act 1958 (Cth)
Cases cited: ABT17 v Minister for Immigration (2020) 94 ALJR 928 DGZ16 v Minister for Immigration and Border Protection & Anor (2018) 258 FCR 551 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 UNHCR, Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status under the 1967 Protocol Relating to the Status of Refugees, December 2011, HCR/1P/4/ENG/REV.3
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
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