BGR15 v Minister for Immigration and Border Protection [2016] FCA 920

FEDERAL COURT OF AUSTRALIA

BGR15 v Minister for Immigration and Border Protection [2016] FCA 920 Appeal from: BGR15 v Minister for Immigration and Border Protection & Anor [2015] FCCA 2849

File number: NSD 1518 of 2015

Judge: MCKERRACHER J

Date of judgment: 10 August 2016

Catchwords: MIGRATION – whether the Tribunal fell into jurisdictional error by failing to consider whether the appellant would suffer 'significant harm' for a Convention related reason if the applicant returned to his home country and continued to pursue two forms of activity which he said he had pursued in the past – whether there was a substantial, clearly articulated argument relying upon established facts – whether the Tribunal satisfied the requirement of considering the claims of the applicant – relevance of professional assistance in the presentation of claims to the Tribunal and Federal Circuit Court

Legislation: Migration Act 1958 (Cth) s 425(1)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural & Indigenous Affairs (2003) 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 MZWDG v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 497 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125