Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AGK15 v Minister for Immigration and Border Protection [2016] FCA 1012 Appeal from: AGK15 v Minister for Immigration & Anor [2015] FCCA 1342
File number: NSD 687 of 2015
Judge: RANGIAH J
Date of judgment: 24 August 2016
Catchwords: MIGRATION – application for an extension of time to file notice of appeal – Federal Circuit Court affirmed decision of the Minister's delegate not to grant a Protection visa – merit of proposed appeal – meaning of 'cruel or inhuman treatment or punishment' and 'degrading treatment or punishment' – intentional infliction of harm – application dismissed
Legislation: Migration Act 1958 (Cth) ss 5, 36(2)(a), 36(2)(aa), 36(2A) and 91R Federal Court Rules 2011 (Cth) r 36.03 Refugees Convention 1951 Article 1A(2) Refugees Protocol 1967
Cases cited: SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69
Date of hearing: 11 August 2015 and 18 August 2016
Date of last submissions: 3 June 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: The Applicant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr J Kay-Hoyle
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
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