Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AXW15 v Minister for Immigration and Border Protection [2017] FCA 518 Appeal from: AXW15 v Minister for Immigration & Border Protection & Anor [2017] FCCA 158
File number: VID 97 of 2017
Judge: MORTIMER J
Date of judgment: 23 May 2017
Catchwords: MIGRATION – appeal from Federal Circuit Court –whether Tribunal failed to consider fear of persecution in process of assessing if appellant is a person of interest if returned – whether appellant's claim was subsumed in findings of greater generality – Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 applied – Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025 distinguished – appeal dismissed PRACTICE AND PROCEDURE – adjournment sought by self-represented appellant in order to attempt to obtain legal representation – no reasonable prospect of appellant securing legal representation – adjournment refused
Legislation: Migration Act 1958 (Cth), s 36(2)(a) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature 10 December 1984. 1465 UNTS 85 (entered into force 26 June 1987) International Covenant on Civil and Political Rights. Opened for signature 16 December 1996. 999 UNTS 171 (entered into force 23 March 1976)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v Truong [2016] FCAFC 54 Minister for Immigration and Citizenship v SZQPA [2012] FCA 1025 MZXSA v Minister for Immigration and Citizenship [2010] FCAFC 123 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SZSRU v Minister for Immigration and Border Protection [2014] FCA 1252 SZSZW v Minister for Immigration and Border Protection [2015] FCA 562 WZAQR v Minister for Immigration and Border Protection [2013] FCAFC 122
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