Federal Court of Australia
Federal Court of Australia
BVT18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 472 Appeal from: BVT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2020] FCCA 187
File number: NSD 159 of 2020
Judgment of: RAPER J
Date of judgment: 16 May 2023
Catchwords: MIGRATION – appeal from decision of the then Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeal Tribunal to affirm the decision of a delegate of the Minister to refuse to grant the appellant a protection visa – whether the Tribunal erred in failing to allow the appellant to show the Tribunal documents on his mobile phone – whether the Tribunal erred in failing to invite the appellant to send documents post hearing – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1)(d), 27 Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), s 36(2A), 65 Federal Court Rules 2011 (Cth) rr 4.12, 36.57 Migration Regulations 1994 (Cth) Sch 2, subcl 866.221(2) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954)
Cases cited: Attorney-General (NSW) v Quin [1990] HCA 21; 170 CLR 1 BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Ethnic Affairs v Guo & Anor [1997] HCA 22; 191 CLR 559 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Selvadurai v Minister for Immigration and Ethnic Affairs [1994] FCA 1105; 34 ALD 347 Toki v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 164
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