Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQT15 v Minister for Immigration and Border Protection [2017] FCA 1529 Appeal from: AQT15 v Minister for Immigration & Anor [2017] FCCA 1079
File number: VID 642 of 2017
Judge: DOWSETT J
Date of judgment: 15 December 2017
Catchwords: MIGRATION – appeal from the Federal Circuit Court – decision to refuse a protection visa – whether the Administrative Appeals Tribunal failed to comply with s 425 of the Migration Act 1958 (Cth) by failing to notify the appellant that it might rely on his failure to provide medical evidence in deciding his application – appeal dismissed
Legislation: Evidence Act 1995 (Cth) ss 76, 78 Migration Act 1958 (Cth) s 425, s 430
Cases cited: Muin v Refugee Review Tribunal (2002) 190 ALR 601 Re Minister for Immigration and Multicultural Affairs: Ex parte Hieu Trung Lam (2003) 214 CLR 1 Re Refugee Review Tribunal: Ex parte Aala (2000) 204 CLR 82 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152
Date of hearing: 6 November 2017
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 67
Counsel for the Appellant: Mr A Aleksov
Solicitor for the Appellant: Carina Ford Immigration Lawyers
Counsel for the First Respondent: Ms J Lucas
Solicitor for the First Respondent: DLA Piper Australia
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