Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AYI15 v Minister for Immigration and Border Protection [2016] FCA 1554 Appeal from: AYI15 v Minister for Immigration & Anor [2015] FCCA 2811
File number: NSD 1370 of 2015
Judge: NICHOLAS J
Date of judgment: 22 December 2016
Catchwords: MIGRATION – Section 36(2A) of the Migration Act 1958 (Cth) – complementary protection provisions – where decision maker required by Direction No. 56 to take account of PAM3 Refugee and Humanitarian Protection Visas – Complementary Protection Guidelines ("Guidelines") – where decision maker's reasons refer to Guidelines and the requirement that decision maker take account of them – whether it should be inferred that the decision maker did not take account of Guidelines
Legislation: Australian Human Rights Commission Act 1986 (Cth) Migration Act 1958 (Cth), ss 5, 36(2), 36(2A), 499(2A)
Cases cited: AJW15 v Minister for Immigration and Border Protection [2016] FCA 197 Minister for Immigration and Ethnic Affairs v Wu Shan Liang & Ors (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Portorreal v Dominion Republic, Comm No 188/1984 UN Doc CCPR/C/OP/2 SZOOR v Minister for Immigration and Citizenship (2012) 202 FCR 1 SZTCV v Minister for Immigration and Border Protection [2015] FCA 1309 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69
Date of hearing: 8 February 2016
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