BYJB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 734

BYJB v Minister for Immigration, Citizenship, Migrant Services and Multicultural
Affairs [2022] FCA 734
Federal Court of Australia
Mortimer J
Migration law – protection visa – application for judicial review of Administrative Appeals
Tribunal’s decision – Tribunal affirmed delegate’s refusal of visa by reference to war crimes
under s5H(2) of Migration Act 1958 (Cth) – Tribunal’s selection of passages of applicant’s
evidence was inadequate evidentiary basis for its findings – test for “participating actively in
hostilities” misunderstood – application allowed.
BYJB