Federal Court of Australia
Federal Court of Australia
BZE21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 371 Appeal from: BZE21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 723
File number: QUD 350 of 2022
Judgment of: RANGIAH J
Date of judgment: 16 April 2024
Catchwords: MIGRATION – appeal against decision of Federal Circuit and Family Court of Australia – whether primary judge erred in finding no jurisdictional error by Administrative Appeals Tribunal – where Tribunal affirmed decision not to grant protection visa – provision of bogus documents – whether Tribunal misapplied s 91WA – whether unreasonable or procedurally unfair for Tribunal to find no reasonable explanation for providing bogus documents – whether Tribunal misinterpreted s 36(3) – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5(1), 36(3), 65, 91W, 91W(1), 91W(2), 91W(2)(d), 91WA, 91WA(1), 91WA(1)(a), 91WA(2) and 487ZJ(1) Migration Amendment (Protection and Other Measures) Act 2015 (Cth) s 15(3)
Cases cited: BGM16 v Minister for Immigration and Border Protection (2017) 252 FCR 97 BZE21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 723 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
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