APH15 v Minister for Immigration and Border Protection [2017] FCA 1160

FEDERAL COURT OF AUSTRALIA

APH15 v Minister for Immigration and Border Protection [2017] FCA 1160 Appeal from: APH15 v Minister for Immigration & Anor [2017] FCCA 547

File number: NSD 465 of 2017

Judge: BROMWICH J

Date of judgment: 29 September 2017

Catchwords: MIGRATION – appeal against decision of primary judge dismissing application for judicial review of adverse International Treaties Obligations Assessment (ITOA) decision – prior protection visa application – impact of Data Breach – alleged error by primary judge to fail to adequately consider post-data breach circumstances of appellant – separation of family claim – alleged failure to consider all integers raised – held: no failure to consider any integers that were relevant to non-refoulement obligations of Australia as part of ITOA process – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 48B, 189, 195A, 417 1951 Convention Relating to the Status of Refugees. Opened for signature 28 July 1951, 189 UNTS 137 art 33(1) (entered into force 22 April 1954) 1967 Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature 10 December 1984, 1465 UNTS 85 arts 1(1), 3 (entered into force 26 June 1987) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966, 999 UNTS 171 arts 6(1), 7 (entered into force 23 March 1976) Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty. Opened for signature 15 December 1989, 1642 UNTS 414 (entered into force 11 July 1991)