Federal Court of Australia
Federal Court of Australia
CYF19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 489 Appeal from: CYF19 v Minister for Immigration & Anor [2020] FCCA 612
File number: NSD 393 of 2020
Judgment of: STEWART J
Date of judgment: 11 May 2023
Date of publication of reasons: 17 May 2023
Catchwords: MIGRATION – whether primary judge erred in rejecting a ground of review that a finding of the Immigration Assessment Authority was legally unreasonable – whether the Authority's error, even if established, was material
Legislation: Migration Act 1958 (Cth) Pt 7AA
Cases cited: Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 15
Date of hearing: 11 May 2023
Counsel for the Appellant: B Zipser
Solicitor for the Appellant: Alkafaji Lawyers
Counsel for the First Respondent: T Reilly
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: The second respondent filed a submitting notice save as to costs.
ORDERS NSD 393 of 2020
BETWEEN: CYF19 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
order made by: STEWART J DATE OF ORDER: 11 MAY 2023
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs. 2. The name of the first respondent be varied to the Minister for Immigration, Citizenship and Multicultural Affairs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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