Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AJW15 v Minister for Immigration and Border Protection [2016] FCA 197 Appeal from: AJW15 v Minister for Immigration & Anor [2015] FCCA 2579
File number: WAD 583 of 2015
Judge: BARKER J
Date of judgment: 3 March 2016
Catchwords: MIGRATION – application for protection (class XA) visa – appeal from Federal Circuit Court of Australia – whether Tribunal failed to consider relevant guidelines – whether Tribunal misapplied country information
Legislation: Migration Act 1958 (Cth) s 36(2)(a), s 36(2)(aa), s 36(2A), s 91R, s 91R(1)(a), s 91R(1)(b), s 91R(1)(c) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Sch 5 Pt 2 Migration Regulations 1994 (Cth) Sch 2 cl 866.221(2) Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) International Covenant on Civil and Political Rights, opened for signature 16 December 1966. 999 UNTS 171 (entered into force 23 March 1976) Protocol relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: AJW15 v Minister for Immigration & Anor [2015] FCCA 2579 Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259; [1996] HCA 6 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 SZTCV v Minister for Immigration and Border Protection [2015] FCA 1309
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