Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AJJ16 v Minister for Immigration and Border Protection [2017] FCA 132 Appeal from: AJJ16 v Minister for Immigration & Anor [2016] FCCA 2627
File number: WAD 535 of 2016
Judge: LOGAN J
Date of judgment: 15 February 2017
Catchwords: MIGRATION – protection visa application – judicial review – review of decision of Federal Circuit Court of Australia – fears of harm upon return to India – whether s 36(3) of Migration Act applicable because of ability to enter and live in Nepal – no basis for concluding appellant's evidence not taken into account because of his homosexuality – whether the Federal Circuit Court of Australia erred by failing to find that Tribunal did not consider appellant's evidence on this subject – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36, 65
Cases cited: Associated Picture House Limited v Wednesbury Corporation [1948] 1 KB 223 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Sathiyanathan v Minister for Immigration & Multicultural Affairs [2000] FCA 210 SZJHE v Minister for Immigration & Citizenship [2008] FCA 1771
Date of hearing: 15 February 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 18
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