AOJ18 v Minister for Home Affairs [2018] FCAFC 220

FEDERAL COURT OF AUSTRALIA

AOJ18 v Minister for Home Affairs [2018] FCAFC 220 Appeal from: AOJ18 v Minister for Home Affairs [2018] FCCA 1728

File number: NSD 1234 of 2018

Judges: GRIFFITHS, GLEESON AND COLVIN JJ

Date of judgment: 7 December 2018

Catchwords: MIGRATION - appeal from the Federal Circuit Court of Australia which dismissed a judicial review application relating to a decision of the Immigration Assessment Authority not to grant a protection visa - whether primary judge erred in failing to find jurisdictional error - consideration of nature and extent of Authority's finding concerning alleged attack in appellant's home in 2012 - whether Authority's conclusion was legally unreasonable - no jurisdictional error - appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZRMA [2013] FCAFC 161; (2013) 219 FCR 287 Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14; (2002) 210 CLR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695