Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ABAR15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 721 Appeal from: ABAR15 v Minister for Immigration & Anor [2016] FCCA 638
File number(s): SAD 98 of 2016
Judge(s): CHARLESWORTH J
Date of judgment: 17 June 2016
Catchwords: MIGRATION –protection visa –complementary protection regime – real risk of significant harm in the nature of domestic violence – existence of laws in Vietnam prohibiting domestic violence – whether laws effectively implemented ADMINISTRATIVE LAW – legal unreasonableness – application for protection visa - where Tribunal found that the applicant could obtain protection from authorities in Vietnam – where Tribunal ignored qualifications stated in country information upon which it relied – where Tribunal's findings not available on the material before it
Legislation: Migration Act 1958 (Cth), ss 5, 36, 189, 414, 424A, 430, 474, 476 Tribunals Amalgamation Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth), s 28(1)(c), Migration Amendment (Complementary Protection) Act 2011 (Cth)
Cases cited: A v Minister for Immigration and Multicultural Affairs (1999) 53 ALD 545 ABAR15 v Minister for Immigration & Anor [2016] FCCA 638 ABAR15 v Minister for Immigration and Border Protection [2016] FCA 363 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Craig v South Australia (1995) 184 CLR 163 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431, [2013] FCAFC 114 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211, (2012) 133 ALD 465, [2012] FCAFC 147 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALRJ 1123 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505, [2013] FCAFC 33 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 VQAB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 104 VHAJ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 80
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate