CDD15 v Minister for Immigration and Border Protection [2017] FCAFC 65

FEDERAL COURT OF AUSTRALIA

CDD15 v Minister for Immigration and Border Protection [2017] FCAFC 65 Appeal from: CDD15 v Minister for Immigration and Border Protection [2016] FCCA 576

File number(s): NSD 440 of 2016

Judge(s): PERRAM, ROBERTSON and WIGNEY JJ

Date of judgment: 27 April 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Court erred in dismissing appeal from Administrative Appeals Tribunal – consideration of tendency evidence – consideration of relocation principle – whether Appellant was required to modify behaviour - whether apprehended or actual bias – whether constructive failure by Administrative Appeals Tribunal to exercise jurisdiction

Legislation: Evidence Act 1995 (Cth) ss 97, 97(1)(b) Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 91R(1)(b) (now repealed), 91R(1)(c) (now repealed) Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS (entered into force 22 April 1954) as amended by the Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; (2014) 254 CLR 317 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No2) [2004] FCAFC 263; (2004) 144 FCR 1