AGH15 v Minister for Immigration and Border Protection [2015] FCA 1181

FEDERAL COURT OF AUSTRALIA

AGH15 v Minister for Immigration and Border Protection [2015] FCA 1181 Citation: AGH15 v Minister for Immigration and Border Protection [2015] FCA 1181

Appeal from: AGH15 v Minister for Immigration & Anor [2015] FCCA 1797

Parties: AGH15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 746 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 no error in the Court below in finding that the argument was not raised before the Tribunal or delegate – where no error in the Court below in finding that the ground was inconsistent with the Tribunal's finding that the law was appropriate and adapted to meet a legitimate national interest – 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)

Legislation: Migration Act 1958 (Cth), ss 5(1), 36, 42, 414, 476 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85, [1989] ATS 21 (entered into force 26 June 1987) 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) International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171, [1980] ATS 23 (entered into force 23 March 1976) 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)