Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 Appeal from: BOZ16 v Minister for Immigration & Anor [2017] FCCA 501
File number: NSD 333 of 2017
Judge: ALLSOP CJ
Date of judgment: 29 March 2018
Catchwords: MIGRATION – application for Protection Visa – Tribunal rejected claim for protection based on adverse credibility findings – Tribunal misconstrued appellant's claim – Tribunal did not properly understand and consider claim put by appellant – ground of appeal not argued below – further evidence – appeal allowed
Legislation: Migration Act 1958 (Cth), s 36
Cases cited: Dranichikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 233 FCR 136 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73 NABE v Minister for Immigration and Multicultural Affairs & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAVK v Minister for Immigration & Multicultural Affairs and Indigenous Affairs [2004] FCA 1695 VUAX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 158
Date of hearing: 8 March 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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