Federal Court of Australia
Federal Court of Australia
ADL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 178 Appeal from: ADL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 148
File number: VID 138 of 2020
Judgment of: WHITE, BROMWICH AND BURLEY JJ
Date of judgment: 16 October 2020
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Immigration Assessment Authority (IAA) – proper application of s 5J(3)(a) of the Migration Act 1958 (Cth) – consideration of inter-relationship between s 5J(3)(a) and s 5L – whether IAA had found applicant to be a member of a particular social group as defined in s 5L and, if so, had applied that finding in the application of s 5J(3)(a) – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 5K, 5L, 36(2) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Case Load) Act 2014 (Cth)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Applicant S v Minister for Immigration and Multicultural Affairs [2004] HCA 25; (2004) 217 CLR 387 AWL17 v Minister for Immigration and Border Protection [2018] FCA 570 DQU16 v Minister for Home Affairs [2020] FCA 518 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; (2014) 254 CLR 217
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