Federal Court of Australia
Federal Court of Australia
CSM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 40 Appeal from: CSM16 v Minister for Immigration & Anor [2019] FCCA 3122
File number: NSD 1864 of 2019
Judgment of: LEE J
Date of judgment: 28 January 2022
Date of publication of reasons: 31 January 2022
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – review of decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant a Pakistani citizen a protection (Class XA) visa – where appellant claims fear of harm in returning to Pakistan – where appellant has voluntarily returned to Pakistan – where condition of the grant of a protection visa is that the applicant is in Australia – appeal futile – no demonstrable error in the decision – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 91R (repealed) Migration Regulations 1994 (Cth) sch 2 cl 866.411
Cases cited: Arafat v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1432 CSM16 v Minister for Immigration & Anor [2019] FCCA 3122 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 19
Date of hearing: 28 January 2022
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