Federal Court of Australia
Federal Court of Australia
BCC21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1072 Appeal from: BCC21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 173
File number: ACD 92 of 2021
Judgment of: GOODMAN J
Date of judgment: 13 September 2023
Catchwords: MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) – dismissing an appeal from the Administrative Appeals Tribunal – leave given to raise grounds not advanced before the primary judge – whether the Tribunal failed to consider representation made by the appellant – whether such a failure was material – appeal allowed
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Migration Act 1958 (Cth), ss 36, 499 Migration Regulations 1994 (Cth), Sch 2
Cases cited: 1709834 (Refugee) [2021] AATA 1003 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BCC21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 173 BVD19 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 115; (2022) 403 ALR 232 ECE21 v Minister for Home Affairs [2023] FCAFC 52 EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 129 Francuziak v Minister for Justice [2015] FCAFC 162; (2015) 238 FCR 332 Garland v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 144 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Leota v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2010] FCA 1120 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 64 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 96 ALJR 497 Re Minister for Immigration and Multicultural Affairs; ex parte S20/2002 [2003] HCA 30; (2003) 198 ALR 59 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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