EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214

FEDERAL COURT OF AUSTRALIA

EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214 Appeal from: EVA17 v Minister for Immigration & Anor [2018] FCCA 1048

File number(s): NSD 899 of 2018

Judge(s): PERRY, DERRINGTON AND WHEELAHAN JJ

Date of judgment: 28 November 2018

Catchwords: MIGRATION – protection visa – whether Immigration Assessment Authority failed to consider an integer of the applicant's claim – whether finding of absence of occurrence of threat to applicant rendered it unnecessary to consider other sources of fear of harm – whether finding on specific and relevant integer subsumed in general finding which does not mention integer

Legislation: Federal Court of Australia Act 1976 (Cth) Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: BZAFB v Minister for Immigration and Border Protection [2018] FCA 995 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 Nobarani v Moriconte [2018] HCA 36 S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588 WAAD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 399 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593