Federal Court of Australia
Federal Court of Australia
BSU15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 50 Appeal from: BSU15 v Minister for Immigration and Anor [2020] FCCA 859
File number: NSD 629 of 2020
Judgment of: NICHOLAS J
Date of judgment: 3 February 2023
Catchwords: MIGRATION – whether decision by Administrative Appeals Tribunal to dismiss application for review pursuant to s 426A(1A)(b) of the Migration Act 1958 (Cth) was affected by jurisdictional error – whether primary judge's decision holding that no such error was established was correct
Legislation: Migration Act 1958 (Cth) ss 426A, 441G, 477(2)
Cases cited: Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 32
Date of hearing: 1 February 2023
Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter
Solicitor for the First Respondent: Ms A Wong of Mills Oakley
Counsel for the Second Respondent: The second respondent submitted save as to costs
ORDERS NSD 629 of 2020
BETWEEN: BSU15 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
order made by: NICHOLAS J DATE OF ORDER: 3 February 2023
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