Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CRS20 [2022] FCA 579 Appeal from: CRS20 v Minister for Immigration, Citizenship Migrant Services and Multicultural Affairs & Anor [2021] FedCFamC2G 189
File number(s): VID 702 of 2021
Judgment of: JAGOT J
Date of judgment: 20 May 2022
Catchwords: MIGRATION — where Immigration Assessment Authority (IAA) had access to judgments referring to irrelevant prejudicial material — where IAA gave respondent opportunity to comment on irrelevant prejudicial material contained in judgments and disregarded irrelevant prejudicial material — no apprehended bias —where IAA's finding that respondent was not stateless legally unreasonable due to lack of intermediate factual findings — both notice of contention and appeal allowed — primary judge's orders not disturbed
Legislation: Migration Act 1958 (Cth) ss 473CB(1)(c), 473DB(1), 473DC
Cases cited: BMT19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 328 BYX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 41 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 CNY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1568 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 FSG17 v Minister for Home Affairs & Anor [2019] FCCA 2050; (2019) 347 FLR 151 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29; (2020) 274 FCR 456 Laws v Australian Broadcasting Tribunal [1990] HCA 31; (1990) 170 CLR 70 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11; (2021) 284 FCR 152 Minister for Immigration & Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Webb v The Queen [1994] HCA 30; (1994) 181 CLR 41
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