Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
APE16 v Minister for Home Affairs [2020] FCAFC 93 Appeal from: APE16 v Minister for Immigration and Border Protection & Anor [2018] FCCA 2094
File number: VID 1113 of 2018
Judges: KENNY, WHEELAHAN AND ANASTASSIOU JJ
Date of judgment: 27 May 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court – whether the Tribunal erred by failing to make a finding as to the place where the appellant was likely to return – consideration of the concept of a "home area" and the internal relocation principle in applying s 36(2B)(a) of the Migration Act 1958 (Cth) – Tribunal failed to discharge its statutory function – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 36, 48A, 65 and 424A Migration Amendment (Complementary Protection) Act 2011 (Cth)
Cases cited: Boensch v Pascoe [2019] HCA 49; 375 ALR 15 CRI028 v Republic of Nauru [2018] HCA 24; 92 ALJR 568 CSO15 v Minister for Immigration and Border Protection [2018] FCAFC 14; 260 FCR 134 FCS17 v Minister for Home Affairs [2020] FCAFC 68 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24; 228 CLR 294 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235 SZQEN v Minister for Immigration and Citizenship [2012] FCA 387; 202 FCR 514 SZQPY v Minister for Immigration and Border Protection [2013] FCA 1133 SZTAL v Minister for Immigration [2017] HCA 34; 262 CLR 362 VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123; 236 FCR 549
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