Federal Court of Australia
Federal Court of Australia
CJB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 44 Appeal from: CJB16 v Minister for Immigration & Anor [2020] FCCA 845
File number: NSD 535 of 2020
Judgment of: BURLEY J
Date of judgment: 3 February 2023
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority to affirm the decision of a delegate of the Minister to refuse to grant the appellant a protection visa – application for leave to appeal on a ground not raised before the primary judge – where appellant alleged a mistranslation during the protection visa interview and that this mistranslation resulted in the IAA's decision being affected by a jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5, 36(2A), 437CC, 437DD
Cases cited: CJB16 v Minister for Immigration & Anor [2020] FCCA 845 DVO16 v Minister for Immigration and Border Protection [2021] HCA 12; 388 ALR 389 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; 242 FCR 585 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779; 169 ALD 579 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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