Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BVK15 v Minister for Immigration and Border Protection [2016] FCA 210 Appeal from: BVK15 v Minister for Immigration & Anor [2015] FCCA 3177
File number: NSD 1635 of 2015
Judge: BARKER J
Date of judgment: 4 March 2016
Catchwords: MIGRATION – application for protection (class XA) visa – application for judicial review in Federal Circuit Court of Australia dismissed at show cause hearing – application for leave to appeal from Federal Circuit Court of Australia – whether Tribunal failed to consider applicant's claims – whether findings of fact open to Tribunal – whether Tribunal failed to consider relevant evidence – whether Tribunal failed to provide procedural fairness – whether decision of primary judge sufficiently attended by doubt
Legislation: Migration Act 1958 (Cth) s 36(2)(a), s 36(2)(aa) Federal Circuit Court Rules 2001 (Cth) r 44.12 Convention relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) Protocol relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: BVK15 v Minister for Immigration & Anor [2015] FCCA 3177 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158
Date of hearing: 4 March 2016
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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