ALZ15 v Minister for Immigration and Border Protection [2017] FCA 279

FEDERAL COURT OF AUSTRALIA

ALZ15 v Minister for Immigration and Border Protection [2017] FCA 279 Appeal from: ALZ15 v Minister for Immigration & Ors [2015] FCCA 1947

File number: NSD 951 of 2015

Judge: MORTIMER J

Date of judgment: 21 March 2017

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – where appellant made protection claims in relation to data breach – whether assessor fell into error in conducting International Treaties Obligation Assessment (ITOA) – application of Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29 – appeal dismissed PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – circumstances in which it is in the interests of the administration of justice to grant leave

Legislation: Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967) 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) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85; 23 ILM 1027 (entered into force 26 June 1987)

Cases cited: AKD15 v Minister for Immigration and Border Protection [2017] FCA 166 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 90 ALJR 901 SZTGV v Minister for Immigration & Border Protection [2015] FCAFC 3 SZUBX v Minister for Immigration & Anor [2015] FCCA 2822