Federal Court of Australia
Federal Court of Australia
AAN17 v Minister for Immigration and Border Protection [2021] FCA 1541 Appeal from: AAN17 v Minister for Immigration and Border Protection [2021] FCCA 647
File number(s): VID 225 of 2021
Judgment of: RARES J
Date of judgment: 17 November 2021
Catchwords: ADMINISTRATIVE APPEALS – whether Tribunal acted on expectation as to what applicant's knowledge of religion should be – whether finding of fact amounted to jurisdictional error – whether Tribunal failed to afford procedural fairness – held: appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5J, 36, 91R and 425
Cases cited: AAN17 v Minister for Immigration and Border Protection [2021] FCCA 647 City of Enfield v the Development Assessment Commission (2000) 199 CLR 135 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZOCT (2010) 189 FCR 577 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZZJO v Minister for Immigration and Border Protection (2014) 239 FCR 436 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173 SZBEL v Minister for Immigration, Multicultural and Indigenous Affairs (2006) 228 CLR 152 WAEE v Minister for Immigration, Multicultural and Indigenous Affairs (2003) 236 FCR 593
Division: General Division
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