Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AKQ17 v Minister for Immigration and Border Protection [2017] FCA 1454 Appeal from: AKQ17 v Minister for Immigration and Border Protection [2017] FCCA 1281
File number: NSD 1049 of 2017
Judge: FARRELL J
Date of judgment: 6 December 2017
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – safe haven enterprise visa – review of decision by Immigration Assessment Authority to affirm delegate's decision to refuse visa – whether Authority failed to properly consider appellant's claims – whether consideration of one claim was subsumed in general findings of Authority – whether another claim was raised "squarely" and considered – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa); Pt 7AA
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; FCAFC 184 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; FCAFC 263 SZTAL v Minister for Immigration and Border Protection (2016) 243 FCR 556; FCAFC 60 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34
Date of hearing: 27 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 51
Counsel for the Appellant: Mr N Kulkarni
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