Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BBP15 v Minister for Immigration and Border Protection [2018] FCA 501 Appeal from: BBP15 v Minister for Immigration and Border Protection [2016] FCCA 3350
File number: VID 1424 of 2016
Judge: GRIFFITHS J
Date of judgment: 13 April 2018
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the Refugee Review Tribunal (RRT) did not commit jurisdictional error by failing to consider that the appellant's older brother had been granted a protection visa – whether the RRT failed to consider a claim and/or an integer of a claim in respect of failing to consider the appellant's fear of harm from paramilitary groups – whether the RRT unreasonably failed to exercise its discretion under s 424 of the Migration Act 1958 (Cth), or constructively failed to carry out its review function, in not obtaining the appellant's older brother's protection visa file from the Department Held: appeal dismissed, with costs
Legislation: Migration Act 1958 (Cth), s 424
Cases cited: Ahmed v Minister for Immigration and Multicultural Affairs [2001] FCA 603 Ashraf v Minister for Immigration and Border Protection [2018] FCAFC 50 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 CDD15 v Minister for Immigration and Border Protection [2017] FCAFC 65; 250 FCR 587 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Citizenship v Le [2007] FCA 1318; 164 FCR 151 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Citizenship v SZRMA [2013] FCAFC 161; 219 FCR 287 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Pokharel v Minister for Immigration and Border Protection [2016] FCAFC 34 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; 77 ALJR 1165 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 91 ALJR 936 SZTGV v Minister for Immigration and Border Protection [2015] FCAFC 3; 229 FCR 90
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