Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BZADW v Minister for Immigration and Border Protection [2014] FCA 541 Citation: BZADW v Minister for Immigration and Border Protection [2014] FCA 541
Appeal from: BZADW v Minister for Immigration & Anor [2013] FCCA 1229
Parties: BZADW v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and J BARTLETT IN HIS/HER CAPACITY AS INDEPENDENT PROTECTION ASSESSOR
File number: QUD 654 of 2013
Judge: DOWSETT J
Date of judgment: 26 May 2014
Catchwords: MIGRATION – independent protection assessment – judicial review – appeal – whether error in interpretation of definition of refugee – whether error in interpretation of definition of persecution – whether findings of fact open on the evidence – whether relevant considerations not taken into account.
Legislation: Migration Act 1958 (Cth) ss 5, 36(2), 36(2A), 46A, 91R, 91S
Cases cited: Diatlov v Minister for Immigration and Multicultural Affairs (1999) 167 ALR 313 discussed Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 cited NAGV and NAGW of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 CLR 161 considered S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 cited SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 discussed SZOQQ v Minister for Immigration and Citizenship (2013) 296 ALR 409 cited
Date of hearing: 29 November 2013
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