Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BTP16 v Minister for Immigration and Border Protection [2018] FCA 585 Appeal from: BTP16 v Minister for Immigration and Border Protection [2017] FCCA 1681
File number: SAD 225 of 2017
Judge: GRIFFITHS J
Date of judgment: 30 April 2018
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in finding the Administrative Appeals Tribunal (AAT) did not commit jurisdictional error because it had considered and addressed the appellant's claim to be an apostate – whether the primary judge erred in finding the AAT did not commit jurisdictional error because it had asked itself the right question of what the appellant would do in the event he returned to Iran – whether the primary judge erred in not finding the AAT committed jurisdictional error by failing to ask why the appellant may act in a certain manner when he returns to Iran – whether the primary judge erred in finding the AAT did not commit jurisdictional error in considering whether, in light of the severity and nature of the penalty for being an apostate, there was any prospect of the appellant being found to be an apostate irrespective of his conduct – appeal dismissed, with costs
Legislation: Migration Act 1958 (Cth) Federal Court Rules 2011 (Cth), rr 40.02, 40.43; Schedule 3, item 15.1(d)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 29; 79 ALJR 1142 Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority (No 2) [2014] FCA 444; 315 ALR 131 DSR16 v Minister for Immigration and Border Protection [2018] FCA 154 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR [2003] FCAFC 126; 128 FCR 553 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Saizeriya Co Ltd v Peregrine Management Group Pty Ltd [2005] FCA 1174 SZRIF v Minister for Immigration and Border Protection [2017] FCA 1161
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