Federal Court of Australia
Federal Court of Australia
BCR20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1043 Appeal from: BCR20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 196
File number: NSD 139 of 2022
Judgment of: JAGOT J
Date of judgment: 8 September 2022
Catchwords: MIGRATION — challenge to Immigration Assessment Authority's affirmation of Minister's decision not to grant protection visa — where medical information not before Authority could not have rationally affected findings regarding appellant's mental health — issue of invalid certificate under s 473GB of Migration Act and failure to disclose additional information to appellant not material to Authority's decision — no error in considering old country information on mental health services — appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) ss 65, 473CB(1)(c), 473DA(2), 473DC(1), 473DC(3), 473GB, 473GB(5), 473GB(3)(a)–(b)
Cases cited: Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minister for Immigration and Border Protection v CED16 [2020] HCA 24; (2020) 380 ALR 216 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection [2021] HCA 173; (2021) 90 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26
Division: General Division
Registry: New South Wales
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