Federal Court of Australia
Federal Court of Australia
DQD16 v Minister for Immigration and Border Protection [2021] FCA 1586 Appeal from: DQD16 v Minister for Immigration and Border Protection [2021] FCCA 57
File number(s): VID 38 of 2021
Judgment of: MORTIMER J
Date of judgment: 15 December 2021
Catchwords: MIGRATION – AAT review – right to enter and reside in a third country – whether imports requirement of some minimum physical and economic conditions for purposes of s 36(3) of the Migration Act 1958 (Cth) – whether failure to consider DFAT country report – whether non-compliance with ministerial direction made under s 499 of the Migration Act – whether any non-compliance material – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 36, 499 Indo-Nepal Treaty of Peace and Friendship of 1950, art 7
Cases cited: AJW15 v Minister for Immigration and Border Protection [2016] FCA 197 AYI15 v Minister for Immigration and Border Protection [2016] FCA 1554 BIL17 v Minister for Immigration and Border Protection [2019] FCAFC 6; 268 FCR 114 BMP15 v Minister for Immigration and Border Protection [2018] FCA 1291 DQD16 v Minister for Immigration and Border Protection [2021] FCCA 57 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration v SZRHU [2013] FCAFC 91; 215 FCR 35 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 NBLC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 272; 149 FCR 151 PQSM v Minister for Home Affairs [2020] FCAFC 125; 279 FCR 175 SZMWQ v Minister for Immigration and Citizenship [2010] FCAFC 97; 187 FCR 109 SZRTC v Minister for Immigration and Border Protection [2014] FCAFC 43; 224 FCR 570 SZTCV v Minister for Immigration and Border Protection [2015] FCA 1309 V856/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 1018; 114 FCR 408
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