ACL15 v Minister for Immigration and Border Protection [2016] FCA 1318

FEDERAL COURT OF AUSTRALIA

ACL15 v Minister for Immigration and Border Protection [2016] FCA 1318 Appeal from: ACL15 v Minister for Immigration & Anor [2016] FCCA 1301

File number: NSD 932 of 2016

Judge: BARKER J

Date of judgment: 8 November 2016

Catchwords: MIGRATION – application for protection (class XA) visa – appeal from Federal Circuit Court of Australia – whether primary judge committed jurisdictional error – whether Tribunal erred by failing to comply with requirements in s 424A and s 425 of the Act – whether Tribunal erred by failing to consider whether circumstances of appellant's likely detention upon return to his country of nationality might involve harm "intentionally inflicted"

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2A), 91R(1), 91R(1)(a), 91R(1)(b), 91R(1)(c), 91R(2), 424(1), 424(3)(a), 424AA, 424A, 425 Immigrants and Emigrants Act 1949 (Sri Lanka) Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 International Covenant on Civil and Political Rights. Opened for signature 19 December 1996. 999 UNTS 171. 6 ILM 386 (entered into force 23 March 1976) (ICCPR)

Cases cited: CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 SZQDR v Minister for Immigration and Border Protection [2016] FCA 543 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69 SZUMS v Minister for Immigration and Border Protection [2016] FCA 542