Federal Court of Australia
Federal Court of Australia
AWB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 983 Appeal from: AWB19 v Minister for Immigration and Border Protection and Another (delivered on 11 September 2019 by Judge Street, SYG 496 of 2019)
File number(s): NSD 1659 of 2019
Judgment of: RAPER J
Date of judgment: 23 August 2022
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia affirming a decision of the Immigration Assessment Authority which upheld a decision of a delegate not to grant a protection visa – where the appellant provided the Immigration Assessment Authority (IAA) with an untranslated document – whether the IAA was required under s 473DC or acted unreasonably by not asking for a translation of the document provided by the appellant – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa), 473CA, 473CB, 473CC(2), 473DA, 473DB, 473DC, 473DD, 473FA, 473FB, 473FB(3), 473FB(5), 476
Cases cited: ABT17 v Minister of Immigration and Border Protection [2020] HCA 36; 269 CLR 439 AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103; 262 FCR 317 BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169; 253 FCR 448 Cabal v Minister for Immigration and Multicultural Affairs [2001] FCA 546 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CVP17 v Minister for Immigration and Border Protection [2021] FCA 1502 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DVO16 v Minister for Immigration and Border Protection [2021] HCA 12; 388 ALR 389 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 FND17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1369 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29; 274 FCR 456 Han v Minister for Home Affairs [2019] FCA 331 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 King v Minister for Immigration and Border Protection [2014] FCA 766; 142 ALD 305 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 S14/2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1153 S14/2002 v Refugee Review Tribunal [2004] FCAFC 171 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499 SZLSW v Minister for Immigration and Citizenship [2008] FCA 1321 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588 X v Minister for Immigration and Multicultural Affairs [2002] FCAFC 3; 116 FCR 319
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