Federal Court of Australia
Federal Court of Australia
CRH16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1239 Appeal from: CRH16 & Ors v Minister for Immigration & Anor [2020] FCCA 2767
File number: VID 715 of 2020
Judgment of: BEACH J
Date of judgment: 12 October 2021
Catchwords: MIGRATION - jurisdictional error made by Tribunal – failure to consider corroborative witness statements – materiality – application for judicial review – primary judge dismissed application – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36, 65
Cases cited: BXK15 v Minister for Immigration and Border Protection (2018) 261 FCR 515 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 43
Date of hearing: 10 September 2021
Counsel for the Appellants: Mr A Aleksov
Solicitor for the Appellants: Carina Ford Immigration Lawyers
Counsel for the First Respondent: Mr A Solomon-Bridge
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