AMA15 v Minister for Immigration and Border Protection [2015] FCA 1424

FEDERAL COURT OF AUSTRALIA

AMA15 v Minister for Immigration and Border Protection [2015] FCA 1424 Citation: AMA15 v Minister for Immigration and Border Protection [2015] FCA 1424

Appeal from: AMA15 v Minister for Immigration & Anor [2015] FCCA 1954

Parties: AMA15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number: NSD 912 of 2015

Judge: MARKOVIC J

Date of judgment: 15 December 2015

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – whether Tribunal fell into jurisdictional error in not considering applicant's application under s 36(2)(a) where the application was limited to the complementary protection criterion in circumstances where the delegate had considered the application under both criteria – no jurisdictional error – Tribunal correctly confined the exercise of its powers and discretions under the Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)

Cases cited: Minister for Immigration v Li (2013) 249 CLR 332 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235 SZVCH v Minster for Immigration and Border Protection [2015] FCCA 2950 SZVGG v Minister for Immigration and Border Protection [2015] FCCA 405 SZVGG v Minster for Immigration and Border Protection [2015] FCA 859 VAAC v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 168 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 WZAVA v Minster for Immigration and Border Protection [2015] FCCA 1454