Federal Court of Australia
Federal Court of Australia
BUY17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1511 Appeal from: BUY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1388
File number: NSD 803 of 2021
Judgment of: RAPER J
Date of judgment: 5 December 2023
Catchwords: MIGRATION – appeal from orders of the (then) Federal Circuit Court of Australia – whether Court-supplied interpreter failed to correctly interpret the first appellant's evidence – whether the primary judge's conclusions regarding country information were irrational and not reasonably formed on the basis of evidence – whether primary judge failed to have regard to material before him – where appellants seek to rely on new evidence on appeal – appeal dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) s 65 Federal Court Rules 2011 (Cth) r 36.10
Cases cited: BVZ21 v Commonwealth of Australia [2022] FCAFC 122 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507; 92 FCR 6 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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