FLM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 256
No error has been shown in the Federal Circuit Court's handling of the grounds of review; therefore, the appeal is to be dismissed.
- Parties
- Appellant: FLM17; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
- Jurisdiction
- Australia
- Judgment Date
- 20 February 2020
- Procedural Posture
- Migration Appeal / Appeal From the Federal Circuit Court of Australia
- Outcome
- Appeal dismissed
- Legal Topics
- Protection Visa Refusal, Judicial Review, Immigration Assessment Authority Process
Case Brief
Summary, issues, holding and outcome
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Parties
FLM17
Appellant
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
First Respondent
Immigration Assessment Authority
Second Respondent
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court of Australia
Legal Issues
- 1 Whether the Authority failed to consider relevant country information under s 473CC of the Migration Act
- 2 Whether overlooking the birth certificate constituted jurisdictional error
- 3 Whether the Authority should have invited the appellant to clarify inconsistencies under s 473DC(3)
Ratio Decidendi
No error has been shown in the Federal Circuit Court's handling of the grounds of review; therefore, the appeal is to be dismissed.
Court Disposition
Appeal dismissed
Orders
- The name for the first respondent be amended to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
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