Federal Court of Australia
Federal Court of Australia
BUV17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1075 Appeal from: BUV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 361
File number(s): VID 343 of 2022
Judgment of: RARES J
Date of judgment: 18 August 2023
Catchwords: MIGRATION – where Administrative Appeals Tribunal dismissed application to review decision of delegate not to grant protection visas because visa applicants failed to appear at hearing under Migration Act 1958 (Cth) s 426A(1A) – where principal visa applicant claimed inability to appear at hearing due to health issues – where Tribunal subsequently confirmed decision to dismiss under s 426A(1F) because not satisfied with explanation – whether Tribunal's decisions legally unreasonable – held: appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 36, 426A, 426B and 441G
Cases cited: Minister for Home Affairs v DUA16 (2020) 271 CLR 550 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235 TTY167 v Republic of Nauru (2018) 362 ALR 246
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 31
Date of hearing: 18 August 2023
Counsel for the appellants: Mr H Lewis
Solicitor for the appellants: Russell Kennedy Solicitors
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