Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CSO15 v Minister for Immigration and Border Protection [2018] FCAFC 14 Appeal from: CSO15 v Minister for Immigration & Anor [2017] FCCA 1812
File number: VID 906 of 2017
Judges: TRACEY, MORTIMER AND MOSHINSKY JJ
Date of judgment: 7 February 2018
Catchwords: MIGRATION – judicial review – principles relevant to identification of place of return – internal relocation – whether Tribunal erred on review in assessing the risks to applicant on return – appeal dismissed MIGRATION – judicial review – expert report before Tribunal – whether Tribunal failed to consider expert report – appeal dismissed
Legislation: Migration Act 1958 (Cth), s 36 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967), Art 1A
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 CSO15 v Minister for Immigration & Anor [2017] FCCA 1812 Dyli v Secretary of State for the Home Department [2000] Imm AR 652 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 SZQXE v Minister for Immigration and Citizenship [2012] FCA 1292; 134 ALD 495 Januzi v Secretary of State for the Home Department [2006] 2 AC 426 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v SBAA [2002] FCAFC 195 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 535; 52 FCR 437 SZQPY v Minister for Immigration and Border Protection [2013] FCA 1133 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZQEN v Minister for Immigration and Citizenship [2012] FCA 387; 202 FCR 514
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