Federal Court of Australia
Federal Court of Australia
BDF21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 547 Appeal from: BDF21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 174
File number: NSD 1179 of 2021
Judgment of: ABRAHAM J
Date of judgment: 13 May 2022
Catchwords: MIGRATION – protection visa – appeal from the Federal Circuit and Family Court of Australia – where the primary judge found that the appellant had not established any error in the decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision of the delegate of the first respondent to reject the appellant's claim for a protection visa – where the appellant alleged that the Tribunal had erred in failing to consider a claim arising on the evidence before it that if the appellant were to resume his drug addiction on return to Vietnam he would face police harassment and forced incarceration – no error established in the primary judge's or Tribunal's reasons – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5, 5J, 36, 501
Cases cited: BDF21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 174 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Gunatillake v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 387 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Border Protection v WZAPN [2015] HCA 22; (2015) 254 CLR 610 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 SZTAL v Minister for Immigration Border Protection [2017] HCA 34; (2017) 262 CLR 362
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