Federal Court of Australia
Federal Court of Australia
RLXN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1277 Appeal from: RLXN and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 2152
File number: VID 444 of 2022
Judgment of: MCEVOY J
Date of judgment: 25 October 2022
Date of publication of reasons: 26 October 2022
Catchwords: MIGRATION – judicial review of decision of the Administrative Appeals Tribunal – where Tribunal was required by Direction 90 to weigh Australia's non- refoulement obligations in its decision with certain primary considerations – where Minister accepts that the Tribunal's approach was affected by jurisdictional error – parties promoted consent orders setting aside decision of the Tribunal and remitting the matter to the Tribunal for determination according to law – application granted – orders made by consent.
Legislation: Migration Act 1958 (Cth) ss 476A, 501CA(4)(b)(ii)
Cases cited: DOB18 v Minister for Home Affairs (2019) 269 FCR 636; [2019] FCAFC 63 Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FLR 323; [1999] FCA 557 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of last submissions: 24 October 2022
Counsel for the Applicant: Mr Kenneally
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