Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AVN16 v Minister for Immigration and Border Protection [2018] FCA 231 Appeal from: AVN16 v Minister for Immigration and Border Protection [2016] FCCA 2878
File number: NSD 2153 of 2016
Judge: GRIFFITHS J
Date of judgment: 6 March 2018
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the IAA had asked itself correct questions concerning the appellant's claims of feared harm from the TMVP – whether the primary judge erred in finding that the IAA had properly exercised its jurisdiction under s 473DD of the Migration Act 1958 (Cth) – whether the primary judge erred in upholding the IAA's finding that Sri Lankan authorities did not intend to inflict pain, suffering or extreme humiliation as a result of poor prison conditions – appeal dismissed, with costs
Legislation: Migration Act 1958 (Cth), ss 473DC, 473DD
Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 91 ALJR 936 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69
Date of hearing: 5 March 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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