AVR15 v Minister for Immigration and Border Protection [2018] FCA 737

FEDERAL COURT OF AUSTRALIA

AVR15 v Minister for Immigration and Border Protection [2018] FCA 737 Appeal from: AVR15 v Minister for Immigration & Anor [2017] FCCA 3137

File number: NSD 4 of 2018

Judge: BARKER J

Date of judgment: 23 May 2018

Catchwords: MIGRATION – application for (class XA) protection visa – appeal from Federal Circuit Court of Australia – whether the judge committed jurisdictional error – whether the Tribunal erred in finding the appellant was not owed protection obligations – where ground not raised before Circuit Court – where appellant misunderstood the Court's role on appeal – where Tribunal properly understood its obligations to comply with Ministerial Direction 56 and section 499 of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(3)(d) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2A), 476, 499

Cases cited: ARS15 v Minister for Immigration & Anor [2015] FCCA 2135 BGZ15 v Minister for Immigration and Border Protection [2017] FCA 1095 Minister for Immigration and Border Protection v WZAPN and Another; WZARV v Minister for Immigration and Border Protection and Another (2015) 254 CLR 610; [2015] HCA 22 SZTAL v Minister for Immigration and Border Protection and Another; SZTGM v Minister for Immigration and Border Protection and Another (2017) 347 ALR 405; [2017] HCA 34 SZVBT v Minister for Immigration and Border Protection (2017) 72 AAR 1; [2017] FCA 355 WZAPN v Minister for Immigration and Border Protection and Another (2014) 229 FCR 477; [2014] FCA 947