Recent Cases

Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 70 (03 June 2024) (Snaden, Downes and McEvoy JJ)


Catchwords:


MIGRATION – appeal from decision to dismiss application for judicial review of decision of the Administrative Appeals Tribunal – where unarticulated claim of a “health issue” as an impediment if removed said to have emerged before Tribunal – where no evidence adduced before Tribunal of diagnosed medical condition – where contradictory evidence before the Tribunal regarding appellant’s misuse of drugs and alcohol – where evidence before the Tribunal indicated that the appellant’s misuse of drugs and alcohol did not rise to the level of a “health issue” that would present an impediment if removed – appeal dismissed