Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZACC v Minister for Immigration and Border Protection [2013] FCA 1448 Citation: AZACC v Minister for Immigration and Border Protection [2013] FCA 1448
Appeal from: AZACC v Minister for Immigration and Citizenship [2013] FCCA 927
Parties: AZACC v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and INDEPENDENT PROTECTION ASSESSMENT REVIEWER (MR LUKE HARDY)
File number: SAD 237 of 2013
Judge: WHITE J
Date of judgment: 24 December 2013
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court Judge dismissing an application under s 476 of the Migration Act 1958 (Cth) in relation to a recommendation by an independent merits reviewer – whether independent merits review affected by an error of law or a denial of procedural fairness – whether the reviewer applied the correct legal test in relation to the appellant's potential relocation within Afghanistan – whether reviewer failed to deal with relevant matters – whether certain issues were raised before the reviewer
Legislation: Migration Act 1958 (Cth) ss 46A, 476, 91R
Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZYOA v Minister for Immigration and Citizenship [2012] FCA 1462 MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99; (2012) 289 ALR 541 MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032; (2006) 206 FCR 191 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 Plaintiff M61/2010E v The Commonwealth [2010] HCA 41; (2010) 243 CLR 319 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415 SZQDZ v Minister for Immigration [2012] FCAFC 26; (2012) 200 FCR 207 SZQGA v Minister for Immigration and Citizenship [2012] FCA 593; (2012) 204 FCR 557
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