Federal Court of Australia
Federal Court of Australia
CNO16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1257 Appeal from: CNO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 58
File number: VID 118 of 2022
Judgment of: SNADEN J
Date of judgment: 23 October 2023
Catchwords: MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal – whether court failed to investigate a question of law – whether tribunal failed properly to consider appellant's submissions – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 35, 36, 438 Convention Relating to the Status of Refugees, opened for signature on 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954), Art 1A Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: CNO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 58 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 NAGV and NAGW of 2022 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 CLR 161 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588
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