Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BQN20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1235 Appeal from: BQN20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1655
File number(s): ACD 42 of 2021
Judgment of: HALLEY J
Date of judgment: 17 October 2023
Catchwords: MIGRATION – appeal from decision of the then Federal Circuit Court of Australia (FCCA) dismissing appellant's application for judicial review of a decision of a delegate of the Minister not to grant the appellant a Protection (Class XA) (Subclass 866) visa – where appellant sought to raise new grounds of appeal that were not relied upon in the FCCA – whether it was illogical, irrational or unreasonable for the Tribunal not to conclude the appellant had a well-founded fear of persecution because of his membership of a particular social group –appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 424A, 476
Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131; [2019] FCAFC 155 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 CRL18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 917 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 DQM18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 King v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 152 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Tickner v Chapman (1995) 57 FCR 451 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158
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