Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQS15 v Minister for Immigration and Border Protection [2016] FCA 1362 Appeal from: AQS15 v Minister for Immigration & Anor [2015] FCCA 2176
File number: NSD 1025 of 2015
Judge: PERRY J
Date of judgment: 17 November 2016
Catchwords: MIGRATION – application for a protection visa – appeal from Federal Circuit Court – where appellant relied upon photographs of banners carried in a protest march – relevance of statements on banners to claim to fear persecution by reason of (imputed) political beliefs - whether Tribunal failed to consider a claim or integer of a claim by reference to the banners depicted in the photographs – where claim arose squarely on the material before the Tribunal – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 36, 414 Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137, [1954] ATS 5 (entered into force 22 April 1954) Protocol relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267, [1973] ATS 37 (entered into force 4 October 1967)
Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Citizenship v SZRMA [2013] FCAFC 161; (2013) 219 FCR 287 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 124 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Plaintiff M61/2010 v Commonwealth of Australia [2010] HCA 41; (2010) 243 CLR 319 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863; (2014) 317 ALR 369 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593
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