Federal Court of Australia
Federal Court of Australia BXK16 v Minister for Home Affairs [2022] FCA 251 Appeal from: BXK16 v Minister for Immigration & Anor [2018] FCCA 1727
File number(s): VID 873 of 2018
Judgment of: KENNY J
Date of judgment: 21 March 2022
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – whether the finding concerning the availability of a relative to provide surety was made on no evidence or irrationally – whether an integer of the appellant's claim was given proper consideration – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 5AA, 36(2)(a), 36(2)(aa), 425(1)
Cases cited: ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 256 FCR 593 ATO17 v Minister for Immigration and Border Protection [2018] FCA 855 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 197 ALR 389 Hossein v Minister for Immigration and Border Protection [2018] HCA 34, 264 CLR 123 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 233 FCR 136 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17, 95 ALJR 441 NABE v Minister for Immigration and Multicultural Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZTAP v Minister for Immigration and Border Protection [2017] FCA 1370; 238 FCR 404 SZVYG v Minister for Immigration and Border Protection [2017] FCA 955 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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