BOY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1040

Federal Court of Australia

BOY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1040 Appeal from: BOY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1520

File number(s): NSD 855 of 2020

Judgment of: JACKMAN J

Date of judgment: 31 August 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) affirming the decision of a delegate of the Minister refusing to grant the appellant a Protection (Class XA) Visa – whether the primary judge erred by failing to find jurisdiction error by the Tribunal – unnecessary to make a specific finding as to a matter subsumed in a finding of greater generality – whether the Tribunal's reasons were rational and logical – leave to advance the second ground of appeal refused – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 474

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BOY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 1520 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588