Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DTB21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 624 Appeal from: DTB21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 116
File number(s): QUD 89 of 2023
Judgment of: COLLIER ACJ
Date of judgment: 13 June 2024
Catchwords: MIGRATION – Whether the primary Judge erred in finding that Administrative Appeals Tribunal was not affected by jurisdictional error – whether Tribunal failed to consider important element of claim – whether Tribunal failed to respond to substantial, clearly articulated argument relying on established facts, such that there was failure to accord the appellants natural justice - whether imputed political opinion arose from actions of appellants and their familial connection to known political dissidents – whether arguments were correctly understood by Tribunal – no jurisdictional error established – appeal dismissed.
Legislation: Migration Act 1958 s 36 Migration Regulations 1994 Sch 2 cl 866.221 Crimes Decree 2009 (Fiji)
Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; [2003] 197 ALR 389 DTB21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 116 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6, (1996) 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17, (2022) 275 CLR 582
Division: General Division
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