Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZAFG v Minister for Immigration and Border Protection [2016] FCA 81 Appeal from: AZAFG v Minister for Immigration and Border Protection [2015] FCCA 1134
File number(s): SAD 139 of 2015
Judge(s): GRIFFITHS J
Date of judgment: 16 February 2016
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia where independent protection assessor rejected claims of two sisters for protection visas - whether primary judge erred in rejecting appellant's claims that independent protection assessor fell into jurisdictional error by denying procedural fairness, making findings concerning foreign language proficiency without obtaining expert evidence and making a decision which was unreasonable, illogical or irrational.
Legislation: Migration Act 1958 (Cth), s 366C
Cases cited: AZABM v Minister for Immigration & Citizenship [2012] FCA 860 AZAFF by her litigation guardian Sister Mary Symonds RSM v Minister for Immigration and Border Protection & Another [2016] FCA 80 AZAFF v Minister for Immigration & Anor [2015] FCCA 1133 AZAFG v Minister for Immigration & Anor [2015] FCCA 1134 Clark v Ryan [1960] HCA 42; (1960) 103 CLR 486 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; (1994) 49 FCR 576 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration & Citizenship v SZOCT [2010] FCAFC 159; (2010) 189 FCR 577 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 MZXSA v Minister for Immigration & Citizenship [2010] FCAFC 123 Plaintiff M 61 / 2010 E v Commonwealth [2010] HCA 41; (2010) 243 CLR 319 R v Bonython (1984) 38 SASR 45 R v Leung and Wong [1999] NSWCCA 287 Rawson Finances Pty Ltd v Commissioner of Taxation [2013] FCAFC 26 Rodriguez v Telstra Corporation Ltd [2002] FCA 30 SZBEL v Minister for Immigration and Multicultural Affairs [2006] HCA 63; (2006) 228 CLR 152 SZMWQ v Minister for Immigration & Citizenship [2010] FCAFC 97; (2010) 187 FCR 109 SZOOR v Minister for Immigration & Citizenship [2012] FCAFC 58; (2012) 202 FCR 1 Tisdall v Webber [2011] FCAFC 76; (2011) 193 FCR 260
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