Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BWB16 v Minister for Immigration and Border Protection [2018] FCAFC 158 Appeal from: BWB16 v Minister for Immigration [2017] FCCA 2497
File number: NSD 1946 of 2017
Judges: BESANKO, MARKOVIC, BANKS-SMITH JJ
Date of judgment: 19 September 2018
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review – where Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant the protection visa – where the appellant if required to relocate to another part of Afghanistan would be separated from his family for the reasonably foreseeable future – whether the Authority had erred in applying s 36(2B) of the Migration Act 1958 (Cth) – application dismissed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(aa), (2B)(a)
Cases cited: CRI028 v Republic of Nauru (2018) 356 ALR 50; [2018] HCA 24
Date of hearing: 24 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 35
Counsel for the Appellant: Mr S Lloyd SC with Mr B Mostafa
Solicitor for the Appellant: Fragomen
Counsel for the First Respondent: Mr G Johnson SC with Mr G Johnson
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS NSD 1946 of 2017
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