Federal Court of Australia
Federal Court of Australia
FWR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 430 Appeal from: Application for leave to appeal: FWR18 v Minister for Home Affairs [2019] FCCA 3448
File number: NSD 2041 of 2019
Judgment of: LEE J
Date of judgment: 12 April 2022
Date of publication of reasons: 22 April 2022
Catchwords: MIGRATION – application for leave to appeal from decision of Federal Circuit Court of Australia (as it was then) – where applicant failed to attend hearing – whether the Immigration Assessment Authority failed to apply the correct test pursuant to s 36(2)(aa) of the Migration Act 1958 (Cth) – whether Tribunal failed to take into account a relevant consideration – no error material – application dismissed
Legislation: Migration Act 1958 (Cth) Federal Circuit Court Rules 2001 (Cth) r 16.05(2)(a)
Cases cited: FWR18 v Minister for Home Affairs [2019] FCCA 3448 House v The King (1936) 55 CLR 499
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 10
Date of hearing: 12 April 2022
Counsel for the Applicant: The Applicant appeared in person, assisted by an interpreter
Solicitor for the First Respondent: Mr A Moss of Clayton Utz
Counsel for the Second Respondent: The second respondent entered a submitting appearance save as to costs
ORDERS NSD 2041 of 2019
BETWEEN: FWR18 Applicant
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