Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQN16 v Minister for Immigration and Border Protection [2017] FCA 1360 Appeal from: AQN16 v Minister for Immigration and Border Protection & Anor [2017] FCCA 1434
File number: NSD 1162 of 2017
Judge: GRIFFITHS J
Date of judgment: 27 November 2017
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – whether primary judge erred in not holding that the AAT fell into jurisdictional error including for not considering the appellant's claims individually and cumulatively; for failing to adequately deal with the appellant's claim that he had a genuine fear of returning to Sri Lanka; for failing to consider the appellant's risk of harm because of his imputed political opinion; for finding that the appellant was not a person of interest to the Sri Lankan authorities; and for failing to explain why it preferred DFAT reports regarding human rights abuses over other country information – whether SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 applies Held: appellant's request for an adjournment refused; appeal dismissed with costs
Legislation: Migration Act 1958 (Cth) s 36
Cases cited: Metwally v University of Wollongong [1985] HCA 28; 158 CLR 447; 60 ALR 68 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69; 243 FCR 556 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 VWFW v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCAFC 29
Date of hearing: 20 November 2017
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