Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BMP15 v Minister for Immigration and Border Protection [2018] FCA 1291 Appeal from: BMP15 v Minister for Immigration and Border Protection [2016] FCCA 2443
File number(s): VID 1189 of 2016
Judge(s): O'CALLAGHAN J
Date of judgment: 24 August 2018
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – whether Tribunal failed to comply with obligations in s 425(1) of the Migration Act 1958 (Cth) – whether Tribunal failed to comply with s 499 of the Migration Act 1958 (Cth) – where most recent country information indicated appellant requires family member to act as guarantor to obtain bail upon return to Sri Lanka – where no evidence Tribunal assumed guarantor was available – where Tribunal considered outdated country information regarding bail requirements – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 36, 425, 499
Cases cited: Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 232
Date of hearing: 15 May 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 40
Counsel for the Appellant: Dr A McBeth
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