Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AHX15 v Minister Immigration and Border Protection [2015] FCA 1183 Citation: AHX15 v Minister Immigration and Border Protection [2015] FCA 1183
Appeal from: AHX15 v Minister for Immigration & Anor [2015] FCCA 1312
Parties: AHX15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 670 of 2015
Judge: MCKERRACHER J
Date of judgment: 5 November 2015
Catchwords: MIGRATION – whether the Refugee Review Tribunal considered a specific claim made by the appellant – whether jurisdictional error in the decision of the Tribunal when decision reviewed without a keen eye for error – meaning of the 'beneficial construction' of the decision of the Tribunal – whether later conclusion can be incorporated within the earlier conclusion in decision of the Tribunal – whether two separate conclusions can be combined to conclude that the claim had been addressed – influence and utility of the transcript of the Tribunal proceedings in the present case
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 75 ALD 630 Fang Wang v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1044 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZCBT v Minister for Immigration and Multicultural Affairs [2007] FCA 9 SZSZW v Minister for Immigration and Border Protection [2015] FCA 562
Date of hearing: 24 August 2015
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