SQNR v Minister for Immigration and Border Protection [2014] FCA 1097

FEDERAL COURT OF AUSTRALIA

SQNR v Minister for Immigration and Border Protection [2014] FCA 1097 Citation: SQNR v Minister for Immigration and Border Protection [2014] FCA 1097

Appeal from: SQNR v Minister for Immigration and Border Protection [2014] AATA 16

Parties: SQNR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 94 of 2014

Judge: TRACEY J

Date of judgment: 10 October 2014

Catchwords: MIGRATION – appeal from decision of Administrative Appeals Tribunal dismissing application for judicial review of decision made by delegate of the Minister – whether Tribunal failed to have regard to relevant considerations – whether Tribunal made finding with no supportive evidence – whether non-refoulement claim before Tribunal – consideration of principles in Direction No 55

Legislation: Migration Act 1958 (Cth) – ss 499, 500 and 501

Cases cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 – cited Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 – cited NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 – cited Nguyen v Minister for Immigration, Local Government and Ethnic Affairs (No 2) (1996) 68 FCR 463 – cited Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 94 FCR 28 – cited Sellamuthu v Minister for Immigration and Multicultural Affairs (1999) 90 FCR 287 – cited Williams v Minister for Immigration and Citizenship (2013) 136 ALD 299 – distinguished