Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ALW15 v Minister for Immigration and Border Protection [2018] FCA 190 Appeal from: ALW15 v Minister for Immigration [2016] FCCA 3148
File number: VID 1466 of 2016
Judge: WHITE J
Date of judgment: 28 February 2018
Date of publication of reasons: 6 March 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – whether Refugee Review Tribunal (RRT) denied the Appellant procedural fairness and/or breached its obligations under ss 424 or 425 of the Migration Act 1958 (Cth) – whether RRT failed to make an obvious inquiry about a critical fact, the existence of which is easily ascertained. MIGRATION – whether constructive failure by the RRT to exercise jurisdiction – whether RRT failed to consider the risk to the Appellant of persecution or significant harm after his release from detention on being returned.
Legislation: Migration Act 1958 (Cth) ss 424, 425, 476
Cases cited: AJT15 v Minister for Immigration [2016] FCCA 2262 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 259 ALR 429
Date of hearing: 28 February 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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