Recent Cases

BVT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 222 (10 December 2020) (Allsop CJ, Moshinsky and O’Callaghan JJ)


MIGRATION – appeal from Federal Circuit Court of Australia – protection visa – complementary protection criterion – whether the complementary protection provisions are capable of application where a visa applicant claims he or she will suffer psychological harm if returned to his or her home country on the basis of a past act in the home country

ADMINISTRATIVE LAW – nature of a court order that a matter be remitted to the Administrative Appeals Tribunal “for determination according to law” – whether the Tribunal is bound to decide the matter in accordance with a legal conclusion expressed in the reasons for judgment of the court remitting the matter, irrespective of the correctness of that conclusion