Federal Court of Australia
Federal Court of Australia
ANC17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 266 Appeal from: ANC17 v Minister for Immigration & Anor [2020] FCCA 707
File number(s): NSD 458 of 2020
Judgment of: BURLEY J
Date of judgment: 28 March 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 – whether primary judge made a jurisdictional error – whether a person's occupation could be a characteristic fundamental to their identity or conscience for the purposes of s 5J of the Migration Act 1958 (Cth).
Legislation: Migration Act 1958 (Cth) ss 5J(3)(c), 473DA(1), Part 7AA
Cases cited: ANC17 v Minister for Immigration & Anor [2020] FCCA 707 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of hearing: 3, 10 March 2023
Counsel for the Applicant The Applicant appeared in person.
Counsel for the Respondents Mr G Johnson
Solicitor for the Respondents Australian Government Solicitor
ORDERS NSD458 of 2020
BETWEEN: ANC17 Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
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