Federal Court of Australia
Federal Court of Australia
BYP16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 531 Appeal from: BYP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 291
File number(s): VID 118 of 2021
Judgment of: WHEELAHAN J
Date of judgment: 26 May 2023
Catchwords: MIGRATION — appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal — where the appellant had sought review by the Tribunal of a decision of a delegate of the Minister to refuse to grant a protection visa — unparticularised grounds asserting jurisdictional error by the Tribunal — where the primary judge's reasons included a lengthy verbatim quotation from his Honour's reasons for decision in another proceeding – resolution of ambiguity in the primary judge's reasons — no self-evident jurisdictional error in the Tribunal's decision — no error in the orders made by the primary judge — appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) sections 424A and 476 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth), Schedule 5, Part 4, item 28 Tribunals Amalgamation Act 2015 (Cth), Schedule 9, item 15AB Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), rr 13.04(1)(a) and 13.05(1) Federal Circuit Court Rules 2001 (Cth) rr 11.11(2), 13.03A(1) and 13.03B
Cases cited: Abela v Minister for Home Affairs [2021] FCA 96 ANL15 v Minister for Immigration & Border Protection [2019] FCA 1365 BBT16 v Minister for Home Affairs [2018] FCA 1225 BIK18 v Minister for Home Affairs [2019] FCA 788 BTU17 v Minister for Immigration and Border Protection [2019] FCA 538 BYP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 291 CCA17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 179 CNN15 v Minister for Immigration and Border Protection [2017] FCA 579 COS16 v Minster for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2020] FCA 112 DQQ17 v Minister for Immigration and Border Protection [2018] FCA 784 DUN16 v Minister For Immigration [2019] FCCA 2951 EHB17 v Minister for Home Affairs [2018] FCA 1280 EJB17 v Minister for Immigration and Border Protection [2019] FCA 742 FGG19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 270 GKH18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1125 Hamod v New South Wales [2011] NSWCA 375 Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCCA 92 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 SZRKF v Minister for Immigration [2020] FCA 1389 WZAVK v Minister for Immigration and Border Protection [2016] FCA 760
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