CJT15 v Minister for Immigration and Border Protection [2018] FCA 618

FEDERAL COURT OF AUSTRALIA

CJT15 v Minister for Immigration and Border Protection [2018] FCA 618 Appeal from: Application for leave to appeal: CJT15 v Minister for Immigration and Border Protection & Anor [2017] FCCA 1039

File number(s): VID 443 of 2017

Judge(s): BURLEY J

Date of judgment: 11 May 2018

Catchwords: MIGRATION – refusal of a protection visa application pursuant to s 36 of the Migration Act 1958 (Cth) and cl 866.221 of Schedule 2 of the Migration Regulations 1994 (Cth) — whether the primary judge erred in refusing to grant an adjournment of the hearing — whether the Tribunal erred in failing to consider whether the appellant may suffer persecution, serious harm or significant harm in detention by reason of general, random or ubiquitous violence by the authorities — whether the Tribunal fell into jurisdictional error because there was no logically probative evidence to suggest that the appellant's family would be willing and able to act as guarantors for the appellant's release on bail — leave to appeal granted in part — appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) s 36 Migration Regulations 1994 (Cth) cl 866.21 of Schedule 2

Cases cited: Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 Dranichnikov v Minister for Immigration and Citizenship [2003] HCA 26; (2003) 197 ALR 398 House v The King [1936] HCA 40; (1936) 55 CLR 499 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2014) 240 CLR 611 SZSZW v Minister for Immigration and Border Protection [2015] FCA 562 SZTAP v Minister for Immigration and Border Protection [2015] FCAFC 175; 238 FCR 404 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588