FXF18 v Minister for Immigration and Multicultural Affairs [2024] FCA 942

Federal Court of Australia

FXF18 v Minister for Immigration and Multicultural Affairs [2024] FCA 942 Appeal from: FXF18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FedCFamC2G 475

File number: NSD 732 of 2024

Judgment of: JACKMAN J

Date of judgment: 19 August 2024

Catchwords: MIGRATION – appeal from the dismissal of an application for judicial review of a decision of the Administrative Appeals Tribunal not to grant the appellants protection visas – where appellants are citizens of the Russian Federation – where appellants claimed to fear harm in Russia for reasons including bisexuality and bisexual views, political activism generally, and government condoned anti-Semitism – whether Tribunal failed to properly consider or make clear findings on relevant matters – appeal dismissed PRACTICE AND PROCEDURE – jurisdiction – where appellants purport to appeal from six judgments, five of which are interlocutory in nature

Legislation: Migration Act 1958 (Cth) ss 36, 65 Federal Court of Australia Act 1976 (Cth) s 24

Cases cited: AFD16 v Minister for Immigration and Border Protection [2020] FCA 964 Azaff v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 176 FXF18 v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FedCFamC2G 729 FXF18 v Minister for Immigration, Citizenship & Multicultural Affairs [2024] FCA 549 Hamod v New South Wales [2002] FCA 424; (2002) 188 ALR 659 Reid v Nairn (1985) 60 ALR 419 SBCC v Minister for Immigration and Multicultural Affairs [2006] FCAFC 129 Thomas Borthwick & Sons (Pacific Holdings) Limited v Trade Practices Commission (1988) 18 FCR 424 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588