Federal Court of Australia
Federal Court of Australia
CEF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1225 Appeal from: CEF16 v Minister for Immigration & Anor [2020] FCCA 2255
File number(s): VID 586 of 2020
Judgment of: HESPE J
Date of judgment: 16 October 2023
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – refusal of application for Protection visa – whether decision of Administrative Appeals Tribunal affected by jurisdictional error – whether finding of fact unsupported by evidence or unreasonable
Legislation: Migration Act 1958 (Cth) ss 36(2), 65, (former) 91R
Cases cited: Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 BSE17 v Minister for Home Affairs [2018] FCA 1926 DQM18 v Minister for Home Affairs [2020] FCAFC 110; (2020) 278 FCR 529 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration, Local Government & Ethnic Affairs v Pashmforoosh (1989) 18 ALD 77
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 27
Date of hearing: 19 September 2023
Counsel for the Appellant Mr G Foster
Solicitor for the Appellant Sentil Solicitor
Counsel for the First Respondent Mr J Grant
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