Federal Court of Australia
BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1317 Appeal from: BYW22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 1186
File number(s): VID 82 of 2024
Judgment of: O'BRYAN J
Date of judgment: 18 November 2024
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – where Administrative Appeals Tribunal (Tribunal) affirmed a decision of the delegate of the Minister refusing to grant the appellant a protection visa – where court below dismissed an application for judicial review – appeal by way of rehearing under s 24(1)(d) of the Federal Court of Australia Act 1976 (Cth) – whether Tribunal failed to consider appellant's claim to fear harm for reasons of his mixed Hutu-Tutsi ethnicity – whether Tribunal failed to consider appellant's claim to fear harm due to imputed wealth – whether Tribunal failed to consider appellant's claim to fear harm due to his criminal record in Australia – appeal dismissed
Constitution s 75(v) Legislation: Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) Sched 16 ss 10, 25 Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) ss 36(2)(a), 65, 189(1), 424A, 476, 501(3A)
Abebe v The Commonwealth (1999) 197 CLR 510 Attorney-General (NSW) v Quin (1990) 170 CLR 1 Craig v South Australia (1995) 184 CLR 163 CRU18 v Minister for Home Affairs (2020) 277 FCR 493 DHS17 v Assistant Minister for Immigration and Border Protection (2018) 267 FCR 411 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Cases cited: LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Tickner v Chapman (1995) 57 FCR 451
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate