Federal Court of Australia
Federal Court of Australia
AOO15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 290 Appeal from: AOO15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 74
File number(s): NSD 1164 of 2021
Judgment of: RARES J
Date of judgment: 18 March 2022
Catchwords: MIGRATION – where Refugee Review Tribunal affirmed delegate's decision to refuse protection visa – where Federal Circuit Court quashed Tribunal decision because of failure to deal with clearly articulated claim – where applicant failed to attend two hearings and Administrative Appeals Tribunal affirmed delegate's decision without identifying or dealing with claim the basis for remittal – extension of time granted, appeal heard instanter and allowed
Legislation: Migration Act 1958 (Cth) ss 36, 65, 425, 430)
Cases cited: AOO15 v Minister for Immigration [2016] FCCA 2871 AOO15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 74 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 N1202/01A v Minister for Immigration and Multicultural Affairs (2002) 68 ALD 21
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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