Federal Court of Australia
Federal Court of Australia
AJB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 455 Appeal from: AJB17 v Minister for Immigration & Anor [2019] FCCA 2854
File number: NSD 1754 of 2019
Judgment of: CHARLESWORTH J
Date of judgment: 29 April 2022
Catchwords: MIGRATION – appeal from orders dismissing an application for judicial review of a migration decision of the Administrative Appeals Tribunal – appellant a citizen of the People's Republic of China – appellant claiming to fear persecution if returned to China on the grounds of religion because he is a Falun Gong practitioner – Tribunal finding the appellant's claims had been fabricated – whether Tribunal committed jurisdictional error by failing to comply with s 424AA or s 424A of the Migration Act 1958 (Cth) – no such jurisdictional error – grounds of appeal otherwise unparticularised – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 420, 422B, 425, 424AA, 424A, 474
Cases cited: AJB17 v Minister for Immigration & Anor [2019] FCCA 2854 Gomez v Minister for Immigration and Multicultural Affairs [2002] FCA 480; 190 ALR 543 Metwally v University of Wollongong [1985] HCA 28; 60 ALR 68 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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