Federal Court of Australia
Federal Court of Australia BGW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1569 Review of: GYNQ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2022] AATA 443 (15 March 2022)
File number: VID 188 of 2022
Judgment of: HESPE J
Date of judgment: 22 December 2022
Catchwords: MIGRATION – decision of the Administrative Appeals Tribunal (Tribunal) affirming decision of delegate of the Minister refusing application for a protection visa – whether decision of Tribunal affected by jurisdictional error – whether error of fact by Tribunal amounted to jurisdictional error – whether Tribunal failed to exercise its jurisdiction or erred by overlooking and / or ignoring evidence of the Applicant's remorse
Legislation: Migration Act 1958 (Cth) ss 36, 65, 476A, 500
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 CRU18 v Minister for Home Affairs [2020] FCAFC 129; (2020) 277 FCR 493 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo Wei Rong [1997] HCA 22; (1997) 191 CLR 559 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Nathanson v Minister for Home Affairs [2022] HCA 26 Re Minister for Immigration and Multicultural Affairs; ex parte Cohen [2001] HCA 10; (2001) 75 ALJR 542 Re Salazar Arbelaez and Minister for Immigration and Ethnic Affairs (1977) 1 ALD 98 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; (2003) 77 ALD 402 SZNKO v Minister for Immigration and Citizenship [2013] FCA 123; (2013) 140 ALD 78 WKCG v Minister for Immigration and Citizenship [2009] AATA 512; (2009) 110 ALD 434
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