Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 Appeal from: DKT16 v Minister for Immigration & Anor [2019] FCCA 170
File number: VID 152 of 2019
Judges: DAVIES, MOSHINSKY AND SNADEN JJ
Date of judgment: 2 December 2019
Catchwords: MIGRATION – protection visa – appeal from a decision of the Federal Circuit Court of Australia – application for judicial review of a decision of the Administrative Appeals Tribunal (the "Tribunal") – decision of the first respondent refusing an application for a protection visa – whether the Tribunal committed jurisdictional error – whether the Tribunal failed to consider risks of harm cumulatively – whether the Tribunal misunderstood the definition of "degrading treatment or punishment" – appeal dismissed PRACTICE AND PROCEDURE – whether leave ought to be granted to permit reliance upon additional ground not argued before the primary judge – whether additional ground has merit – leave refused
Legislation: Convention Relating to the Status of Refugees Art 1A Migration Act 1958 (Cth) Pt 7, ss 5, 36, 65, 411, 414, 415, 474, 476
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BLX16 v Minister for Immigration and Border Protection [2019] FCAFC 176 CSZ15 v Minister for Immigration and Border Protection [2017] FCA 706 DKT16 v Minister for Immigration & Anor [2019] FCCA 170 Hossain v Minister for Immigration and Border Protection (2018) 92 ALJR 780 Li Pei Ye v Crown Limited [2004] FCAFC 8 Minister for Home Affairs v Buadromo (2018) 362 ALR 48 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252 Singh v Minister for Immigration and Border Protection and Another (2018) 261 FCR 556 Summers v Repatriation Commission (2015) 230 FCR 179 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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