Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 Appeal from: AWT15 v Minister for Immigration & Anor [2016] FCCA 2282
File number: QUD 729 of 2016
Judge: BARKER J
Date of judgment: 15 May 2017
Catchwords: MIGRATION – application for protection (class XA) visa – appeal from Federal Circuit Court of Australia – whether primary judge committed jurisdictional error – whether Tribunal failed to consider claim for protection – whether Tribunal failed to apply correct test pursuant to s 36(2)(aa) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider current or contemporaneous country information
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 91R(1)(a), 91R(1)(b), 91R(1)(c), 91R(2)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 AWT15 v Minister for Immigration & Anor [2016] FCCA 2282 BZAHO v Minister for Immigration and Citizenship [2014] FCCA 2981 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 Kasupene v Minister for Immigration and Citizenship (2008) 49 AAR 77 Minister for Immigration & Multicultural & Indigenous Affairs v MZYTS (2013) 136 ALD 547 Minister for Immigration & Multicultural Affairs v SBAA [2002] FCAFC 195 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303; [2010] FCAFC 51 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 MZANX v Minister for Immigration [2016] FCCA 2654 MZXLB v Minister for Immigration & Citizenship [2007] FCA 1588 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Singh v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 152; [2001] FCA 389 SZQTW v Minister for Immigration [2012] FMCA 777 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZTFZ v Minister for Immigration [2014] FCCA 1861 SZUTM v Minister for Immigration and Border Protection (2016) 241 FCR 214; [2016] FCA 45 WAFP v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 319 WZAQU v Minister for Immigration and Citizenship (2013) 233 FCR 534; [2013] FCA 327
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