Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CBN17 v Minister for Immigration and Border Protection [2018] FCA 788 Appeal from: CBN17 v Minister for Immigration & Anor [2017] FCCA 3123
File number: NSD 2296 of 2017
Judge: MURPHY J
Date of judgment: 29 May 2018
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – whether Immigration Assessment Authority's decision affected by jurisdictional error – whether failure to consider whether appellant faced a real risk of significant harm in accordance with ss 36(a)(aa) and (2A) of the Migration Act 1958 (Cth) – whether failure to consider claims cumulatively – appeal dismissed
Legislation: Migration Act 1958 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority (2015) 227 FCR 95; [2015] FCAFC 7 Minister for Immigration and Border Protection v DDK16 [2017] FCAFC 188 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125 Water Board v Moustakas (1988) 180 CLR 491; [1988] HCA 12
Date of hearing: 23 May 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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