Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDO15 v Minister for Immigration and Border Protection [2018] FCA 619 Appeal from: BDO15 v Minister for Immigration and Border Protection [2018] FCCA 72
File number: WAD 26 of 2018
Judge: BANKS-SMITH J
Date of judgment: 12 September 2018
Catchwords: MIGRATION – role of Refugee Review Tribunal – speculation as to the future and so called 'what if I am wrong' test – whether Tribunal satisfied with no real doubts – whether well-founded fear of persecution due to alleged Taliban accusations of un-Islamic conduct – application to raise new ground of appeal
Cases cited: Hossam v Minister for Immigration and Border Protection [2016] FCA 1161 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 MZXSA v Minister for Immigration and Citizenship [2010] FCAFC 123; (2010) 117 ALD 441 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
Date of hearing: 10 May 2018
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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