Federal Court of Australia
Federal Court of Australia
AJN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1277 Appeal from: AJN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3432
File number: NSD 20 of 2021
Judgment of: ABRAHAM J
Date of judgment: 20 October 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing an application for judicial review of the Immigration Assessment Authority's (Authority) decision – where Minister admits breach of s 473CD(1)(c) of the Migration Act 1958 (Cth) – where primary judge found breach was not material – jurisdictional error established – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 473BB, 473CA, 473CB, 473CC, 473CD, 473DB, 473DC, 473DD
Cases cited: AJN19 v Minister for Immigration [2020] FCCA 3432 AUF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 222; (2019) FCR 82 Minister for Immigration and Border Protection v CPA16 [2019] FCAFC 40; (2019) 268 FCR 379 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 95 ALJR 441
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 50
Date of hearing: 21 September 2021
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