Federal Court of Australia
Federal Court of Australia
BUW16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 238 Appeal from: BUW16 v Minister for Immigration and Border Protection [2020] FCCA 498
File number(s): NSD 392 of 2020
Judgment of: HALLEY J
Date of judgment: 21 March 2023
Catchwords: MIGRATION – appeal from orders of the then Federal Circuit Court of Australia dismissing application for review of decision of Administrative Appeals Tribunal (Tribunal) affirming earlier decision of delegate of the Minister not to grant appellant protection visa – where Tribunal failed to consider whether significant corroborative evidence was genuine, give any genuine consideration to corroborative evidence or consider extent it corroborated significant aspects of appellant's claims of fear of harm – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 65, 476
Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131; [2019] FCAFC 155 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 CBN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 272 FCR 513; [2019] FCA 2190 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 CRL18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 917 CWX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 673 DQM18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 147 FCR 51; [2005] FCAFC 134 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 SZRHL v Minister for Immigration and Citizenship [2013] FCA 1093 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253
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