AIY15 v Minister for Immigration and Border Protection [2015] FCA 1180

FEDERAL COURT OF AUSTRALIA

AIY15 v Minister for Immigration and Border Protection [2015] FCA 1180 Citation: AIY15 v Minister for Immigration and Border Protection [2015] FCA 1180

Appeal from: AIY15 v Minister for Immigration & Anor [2015] FCCA 1571

Parties: AIY15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 749 of 2015

Judge: PERRY J

Date of judgment: 4 November 2015

Catchwords: MIGRATION - appeal against Federal Circuit Court decision refusing application for judicial review of decision by Refugee Review Tribunal – whether primary judge failed to find that the Tribunal fell into jurisdictional error in failing to consider whether there was a real risk that the appellant would suffer degrading treatment or punishment constituting "significant harm" by reason of the enactment of the Sri Lankan Immigrants and Emigrants Act – where argument was not articulated by appellant before the Tribunal or delegate – where no obligation upon Tribunal to consider whether the Immigrants and Emigrants Act amounts to an "act" for the purposes of s 36(2A)(e) of the Migration Act 1958 (Cth) (the Act) – where primary judge erred in conflating criteria under ss 36(2)(a) and 36(2)(aa) of the Act but no equivalent error was made by the Tribunal

Legislation: Migration Act 1958 (Cth), ss 5(1), 36, 414, 476 Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137, [1954] ATS 5 (entered into force 22 April 1954) Protocol relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267, [1973] ATS 37 (entered into force 4 October 1967)