Federal Court of Australia
Federal Court of Australia
CAW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 215 Appeal from: CAW17 v Minister for Immigration [2020] FCCA 3395
File number(s): NSD 2 of 2021
Judgment of: RAPER J
Date of judgment: 8 March 2024
Catchwords: MIGRATION – appeal from orders of the (then) Federal Circuit Court of Australia – whether the primary judge erred by failing to find that the Immigration Assessment Authority erred by not finding that there were substantial grounds for concluding there was a real risk that the appellants would suffer significant harm under s 36(2)(aa) of the Migration Act 1958 (Cth) – legal unreasonableness – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5(1), 5H, 5J(4), 5J(4)(c), 36(2)(a), 36(2)(aa)
Cases cited: AKU18 v Minister for Home Affairs [2019] FCA 267 CAW17 v Minister for Immigration & Border Protection [2020] FCCA 3395 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration, Citizenship and Multicultural Affairs v Lieu [2023] FCAFC 57; 297 FCR 162 SZATL v Minister for Immigration and Border Protection [2017] HCA 34; 262 CLR 262
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 32
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