Federal Court of Australia
Federal Court of Australia
BBK19 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1001 Appeal from: Extempore judgment of the then Federal Circuit Court of Australia dated 12 September 2019
File number(s): NSD 1553 of 2019
Judgment of: ALLSOP CJ
Date of judgment: 29 August 2022
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – whether the Immigration Assessment Authority correctly applied s 473DD of the Migration Act 1958 (Cth) – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa) 65, 473DC, 473DD
Cases cited: AUS17 v Minister for Immigration and Border Protection [2020] HCA 37; 269 CLR 494 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCAFC 159; 171 ALD 477 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; 56 ALD 43
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of hearing: 10 August 2022
Counsel for the Appellant Mr B Zipser
Solicitor for the Appellant Mr Rasan T Selliah
Counsel for the First Respondent Mr J Kay Hoyle
Solicitor for the First Respondent Mills Oakley
Counsel for the Second Respondent The Second Respondent filed a submitting notice save as to costs
ORDERS NSD 1553 of 2019
BETWEEN: BBK19 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
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