Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BBK15 v Minister for Immigration and Border Protection [2016] FCA 680 Appeal from: BBK15 v Minister for Immigration & Anor [2015] FCCA 3220
File number: NSD 1739 of 2015
Judge: BUCHANAN J
Date of judgment: 8 June 2016
Catchwords: MIGRATION – migration protection visas under s 36(2)(aa) of the Migration Act 1958 (Cth) – complementary protection grounds – for the purposes of s 36(2B)(c) of the Migration Act a "real risk" faced by the population of a country generally need not be a risk faced by all members of the population or by each citizen – for the purposes of s 36(2B)(c) of the Migration Act a risk faced by a visa applicant personally is one attributable to the individual or personal circumstances of the visa applicant
Legislation: Migration Act 1958 (Cth), ss 36, 36(1A), 36(1A)(b), 36(2), 36(2)(a), 36(2)(aa), 36(2A), 36(2B), 36(2B)(a), 36(2B)(b), 36(2B)(c), 91R, 91R(1), 91R(1)(a)
Cases cited: Craig v The State of South Australia (1995) 184 CLR 163 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 SZSPT v Minister for Immigration and Border Protection [2014] FCA 1245
Date of hearing: 16 May 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 36
Counsel for the Appellant: Mr P D Reynolds
Solicitor for the Appellant: Fragomen
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