Federal Court of Australia
Federal Court of Australia
ELN20 v Minister for Immigration, Citizenship, Migrant Services And Multicultural Affairs [2022] FCA 931 Appeal from: ELN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 474
File number(s): WAD 84 of 2021
Judgment of: WHEELAHAN J
Date of judgment: 12 August 2022
Catchwords: MIGRATION — appeal from decision of the Federal Circuit Court to dismiss application for judicial review of a decision to refuse to grant a Protection (subclass 866) visa — whether Administrative Appeals Tribunal acted unreasonably in its consideration of Vietnamese local laws to find that applicant was not stateless — whether error was jurisdictional — appeal allowed —writs of certiorari and mandamus issued
Legislation: Migration Act 1958 (Cth) ss 5H(1), 5J, 5J(1), 36(2)(a), 36(2)(aa), 430(1)(c), 430(1)(d) and 501
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 269 CLR 439 Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; (1989) 169 CLR 379 CPP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199 DVO16 v Minister for Immigration and Border Protection [2021] HCA 12; 95 ALJR 375 ELN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 474 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51; (2017) 250 FCR 309 Hillis v Minister for Home Affairs [2021] FCA 892 Minister for Home Affairs v DUA16 [2020] HCA 46; 95 ALJR 54 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration v SZMTA [2019] HCA 3; 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15; 96 ALJR 464 Tahiri v Minister for Immigration and Citizenship [2012] HCA 61; 87 ALJR 225
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