Federal Court of Australia
Federal Court of Australia
CPK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 820 Appeal from: CPK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1100
File number: NSD 592 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 20 July 2022
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) – where the second respondent (the Administrative Appeals Tribunal) affirmed a decision of a delegate of the first respondent (the Minister) to refuse to grant the appellant a protection visa – whether the Tribunal failed to consider in the requisite legal sense material of importance – whether the Tribunal's decision was affected by apprehended bias – whether the primary judge erred in not finding the Tribunal fell into jurisdictional error – Held: appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 5J(6), 65, 424AA, 430
Cases cited: CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; 268 CLR 76 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Minister for Home Affairs v Omar [2019] FCAFC 188; 272 FCR 589 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45; 200 FCR 223 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CQZ15 [2021] FCAFC 24; 284 FCR 455 Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 96 ALJR 497 Re Refugee Review Tribunal; Ex parte H [2001] HCA 28; 75 ALJR 982 Sivaram v Minister for Immigration and Multicultural Affairs [1999] FCA 1740; 94 FCR 379 Swift v SAS Trustee Corporation [2010] NSWCA 182
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate