Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BTW17 v Minister for Immigration and Border Protection [2018] FCAFC 10 Appeal from: BTW17 v Minister for Immigration and Border Protection and Anor [2017] FCCA 1752
File number: WAD 402 of 2017
Judges: NORTH, DOWSETT AND MCKERRACHER JJ
Date of judgment: 1 February 2018
Catchwords: MIGRATION – where the Minister's delegate refused to grant the applicant a Safe Haven Enterprise Visa – whether the decision-maker's reasons were illogical, irrational or otherwise unreasonable – whether the conclusion that the appellant was not facing a real risk of significant harm in respect of the introduction of the death penalty was irrational or illogical on the information before the Immigration Assessment Authority – where the examination of the events clearly and reasonably linked the appellant's alleged crime with 'serious crimes' for which the death penalty could be passed as a sentence – where Sri Lankan President had recently announced an intention to implement the death penalty
Legislation: Migration Act 1958 (Cth) Div 3, Pt 7AA, ss 36(2)(a), 36(2)(aa), 473DB, 473DC(2)
Cases cited: Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 216 ALR 1 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Gupta v Minister for Immigration and Border Protection [2017] FCAFC 172 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Date of hearing: 22 November 2017
Registry: Western Australia
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate