AXU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 265

Federal Court of Australia

AXU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 265 Appeal from: AXU17 v Minister for Immigration & Anor [2020] FCCA 708

File number: NSD 508 of 2020

Judgment of: STEWART J

Date of judgment: 24 March 2023

Catchwords: MIGRATION – appeal from the (then) Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority – where the Authority found the appellant gave inconsistent accounts – no jurisdictional error established – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2), 474

Cases cited: Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 26

Date of hearing: 23 March 2023

Counsel for the Appellant: G Foster

Solicitor for the Appellant: Sentil Solicitor

Counsel for the First Respondent: N Swan

Solicitor for the First Respondent: Mills Oakley

ORDERS NSD 508 of 2020

BETWEEN: AXU17 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

order made by: STEWART J DATE OF ORDER: 24 MARCH 2023

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to Minister for Immigration, Citizenship and Multicultural Affairs. 2. The appeal be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.