Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DMH16 v Minister for Immigration and Border Protection [2017] FCA 448 File number(s): VID 1347 of 2016
Judge(s): NORTH ACJ
Date of judgment: 3 May 2017
Catchwords: MIGRATION – refusal to grant Protection (Class XA) visa under s 501(2) – whether Minister misunderstood consequence of refusal decision – whether s 197C requires applicant to be removed to Syria – meaning of reference to indefinite detention in Minister's reasons – whether misunderstanding consequence of refusal decision constituted jurisdictional error
Legislation: Migration Act 1958 (Cth) ss 189, 195A, 196, 197C, 501(1), 501(2)
Cases cited: Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33 Minister for Immigration and Border Protection v SZSSJ (2016) 333 ALR 653, [2016] HCA 29 Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32 SZSSJ v Minister for Immigration and Border Protection (2015) 234 FCR 1, [2015] FCAFC 125
Date of hearing: 23 March 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: Mr N Wood
Solicitor for the Applicant: Clothier Anderson & Associates
Counsel for the Respondent: Mr G Hill
Solicitor for the Respondent: Australian Government Solicitor
ORDERS VID 1347 of 2016
BETWEEN: DMH16 Applicant
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