Federal Court of Australia
Federal Court of Australia
BXL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 324 Appeal from: BXL19 v Minister for Home Affairs & Anor [2020] FCCA 959
File number(s): QUD 142 of 2020
Judgment of: SC DERRINGTON J
Date of judgment: 5 April 2022
Catchwords: MIGRATION – appeal from dismissal of application for judicial review of AAT decision to affirm refusal of protection visa – whether Tribunal failed to conduct proper review by failing to consider a clearly articulated claim – whether Federal Circuit Court erred by inferring Tribunal simply did not accept applicant's claims
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 27 Migration Act 1958 (Cth) ss 5H, 5J, 27, 36 65
Cases cited: AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94; 277 FCR 420 Chan Yee Kin v Minister for Immigration & Ethnic Affairs [1989] HCA 62; 169 CLR 379 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Tickner v Chapman [1995] FCA 987; (1995) 57 FCR 451 XFCS v Minister for Home Affairs [2020] FCAFC 140
Division: General Division
Registry: Queensland
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