BCK21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 475

Federal Court of Australia

BCK21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 475 Appeal from: BCK21 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2022] FedCFamC2G 55

File number(s): ACD 8 of 2022

Judgment of: ABRAHAM J

Date of judgment: 16 May 2023

Catchwords: MIGRATION – judicial review – application for protection visa – appeal from decision of Federal Circuit and Family Court to affirm decision of Administrative Appeals Tribunal – where primary judge found no error by Tribunal considering medical evidence – where primary judge found any error would not be material – whether primary judge erred. HELD – appeal dismissed – no jurisdictional error by the primary judge established.

Legislation: Migration Act 1958 (Cth) s 65

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; (2016) 250 FCR 109 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 DFC16 v Minister for Immigration and Border Protection [2018] FCAFC 56; (2018) 259 FCR 460 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v Lat [2006] FCAFC 61; (2006) 151 FCR 214 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 1253; (1994) 52 FCR 437 SZLVZ v Minister for Immigration and Citizenship [2008] FCA 1816