Federal Court of Australia
Federal Court of Australia
ALM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 915 Appeal from: ALM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 85
File number(s): VID 131 of 2022
Judgment of: ROFE J
Date of judgment: 7 August 2023
Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of a decision of the Immigration Assessment Authority – whether the primary judge misconstrued s 473DC of the Migration Act 1958 (Cth) – whether Authority failed to consider exercising its discretion under s 473DC – whether procedural fairness denied – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: ALM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 85 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CVP17 v Minister for Immigration and Border Protection (2021) FCA 1502 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
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