Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CAJ16 v Minister for Immigration and Border Protection [2017] FCAFC 119 Appeal from: CAJ16 v Minister for Immigration & Anor [2017] FCCA 241
File number: NSD 353 of 2017
Judges: REEVES, ROBERTSON AND RANGIAH JJ
Date of judgment: 8 August 2017
Catchwords: MIGRATION – application for protection visa – requirement in s 91R(1) of the Migration Act 1958 (Cth) that persecution involve "serious harm" to the person – whether Administrative Appeals Tribunal misconstrued s 91R(2) – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5AAA, 36, 65, 91R Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Art 1A(2) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NBFP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 95
Date of hearing: 8 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Appellant: Mr O Jones
Solicitor for the Appellant: Bardo Lawyers
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