Federal Court of Australia
Federal Court of Australia
FGX18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 560 Appeal from: FGX18 v Minister For Home Affairs and Anor [2020] FCCA 1669
File number: NSD 778 of 2020
Judgment of: NICHOLAS J
Date of judgment: 2 June 2023
Catchwords: MIGRATION – appeal from judgment dismissing application for judicial review of a decision not to grant the appellant a Protection visa – whether primary judge erred in finding no jurisdictional error where Tribunal did not accede to appellant's request to take oral evidence over the phone under s 246 Migration Act 1958 (Cth) – whether primary judge erred in finding no jurisdictional error where Tribunal did not consider whether the appellant was a member of a particular social group – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5J, 65, 424AA, 424A, 426, 438
Cases cited: BOX16 v Minister for Immigration and Border Protection [2020] FCA 801 SZNOE v Minister for Immigration and Citizenship [2012] FCA 96 SZOGI v Minister for Immigration and Citizenship [2010] FMCA 390
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 36
Date of hearing: 25 May 2023
Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr T Reilly
Solicitor for the First Respondent: Sparke Helmore
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