Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CDY15 v Minister for Immigration and Border Protection [2018] FCA 175 Appeal from: CDY15 & Anor v Minister for Immigration & Anor [2017] FCCA 1800
File number(s): VID 929 of 2017
Judge(s): DERRINGTON J
Date of judgment: 28 February 2018
Catchwords: MIGRATION – Appeal from decision of the Federal Circuit Court dismissing application for judicial review of a decision of the AAT – whether the AAT was entitled to rely upon a single finding of fact for the purposes of rejecting a claim based on a Convention Ground and a claim based on the Complimentary Protection Criterion –rejection of alleged motivation for prior acts of violence against appellant can be relied upon for conclusion of an absence of any real risk of future harm
Legislation: Migration Act 1958 (Cth)
Cases cited: DKN16 v Minister for Immigration and Border Protection [2017] FCCA 2463 MZZHA v Minister for Immigration and Citizenship (2014) 224 FCR 365 SZSFK v Minister for Immigration and Citizenship [2013] FCCA 7 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZSXE v Minister for Immigration and Border Protection [2014] FCCA 579 SZSXE v Minister for Immigration and Border Protection (2014) 145 ALD 79 SZTDM v Minister for Immigration and Border Protection (No 2) [2013] FCCA 2060
Date of hearing: 27 February 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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