Federal Court of Australia
Federal Court of Australia
AVJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1056 Appeal from: AVJ17 v Minister for Immigration and Border Protection [2022] FedCFamC2G 24
File number: VID 94 of 2022
Judgment of: O'BRYAN J
Date of judgment: 12 September 2022
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Administrative Appeals Tribunal affirmed a decision of a delegate of the Minister refusing to grant the appellant a protection visa – where Tribunal relied on country information containing a factual error – factual inaccuracy in material does not mean material is not probative – reliance on material containing a factual error does not constitute a constructive failure to exercise jurisdiction – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) ss 65, 414
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Chang v Neill (2019) 62 VR 174 CRU18 v Minister for Home Affairs (2020) 277 FCR 493 DAB16 v Minister for Home Affairs [2019] FCA 2114 DIJ16 v Minister for Home Affairs [2019] FCA 1038 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 73 ALD 321 EGW17 v Minister for Immigration [2021] FCA 1177 ELN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 931 G v Minister for Immigration and Border Protection (2018) 266 FCR 511 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural Affairs, Re; Ex parte Applicant S20/2002 (2003) 73 ALD 1 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAHI v Minister for Immigration [2004] FCAFC 10 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Plaintiff M61/2010E v Commonwealth (2010) 243 CLR 319 Re Minister for Immigration and Multicultural Affairs; Ex parte Cohen [2001] HCA 10; 177 ALR 473 Tahiri v Minister for Immigration and Citizenship [2012] HCA 61; 87 ALJR 225 Tsvetnenko v United States of America (2019) 269 FCR 225
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