Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AVD15 v Minister for Immigration and Border Protection [2016] FCA 1450 Appeal from: AVD15 v Minister for Immigration & Anor [2016] FCCA 1924
File number: VID 964 of 2016
Judge: DAVIES J
Date of judgment: 1 December 2016
Catchwords: MIGRATION – appeal of dismissal of application for review – whether jurisdictional error by reason of failure to make inquiries – whether denial of procedural fairness – whether the Tribunal erred in concluding the appellant would not have a real chance of suffering persecution or a real risk of suffering significant harm
Legislation: Migration Act 1958 (Cth)
Cases cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429
Date of hearing: 21 November 2016
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 32
Counsel for the Appellant: A F L Krohn
Solicitor for the Appellant: AMBI Associates
Counsel for the First Respondent: L T Brown
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
ORDERS VID 964 of 2016
BETWEEN: AVD15 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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