Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ALN17 v Minister for Immigration and Border Protection [2017] FCA 726 File number: VID 193 of 2017
Judge: KENNY J
Date of judgment: 15 June 2017
Date of publication of reasons: 23 June 2017
Catchwords: MIGRATION – exercise of power under s 501CA(4) of the Migration Act 1958 (Cth) – applicant made representations in accordance with s 501CA(3) to the Assistant Minister that he feared harm if forced to return to his country of nationality and invoked international non-refoulement obligations – Assistant Minister failed to consider applicant's claim to fear harm and non-refoulement obligations in circumstances where applicant could apply for protection visa – BCR16 v Minister for Immigration and Border Protection [2017] FCA 96 not distinguishable and applied – decision of the Assistant Minister quashed.
Legislation: Migration Act 1958 (Cth)
Cases cited: Tesic v Minister for Immigration and Border Protection [2016] FCA 1465 Minister for Immigration and Border Protection v Tesic [2017] FCAFC 93 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Picard v Minister for Immigration and Border Protection [2015] FCA 1430
Date of hearing: 15 June 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 38
Counsel for the Applicant: R Knowles
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