Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DHK16 v Minister for Immigration and Border Protection [2018] FCA 1353 Appeal from: DHK16 v Minister for Immigration & Anor [2017] FCCA 3228
File number: NSD 2214 of 2017
Judge: GLEESON J
Date of judgment: 6 September 2018
Catchwords: MIGRATION – whether Federal Circuit Court of Australia ("FCCA") judge erred in dismissing application for review of Immigration Assessment Authority's decision to refuse appellant protection visa – whether no evidence to support Authority's finding that otherwise impecunious appellant could obtain financial assistance from mother to fund internal relocation in Sri Lanka – where Authority and FCCA judge's reasoning based on unfounded assumption that the appellant's mother was able and willing to provide her home as collateral, and erroneous interpretation of appellant's statements at entry interview – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5J(1), 36(2), 36(2B)
Cases cited: ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 DHK16 v Minister for Immigration & Anor [2017] FCCA 3228 Rawson Finances Pty Ltd v Federal Commission of Taxation [2013] FCAFC 26; (2013) 93 ATR 775
Date of hearing: 15 June 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 39
Counsel for the Appellant: The appellant appeared in person
Counsel for the Respondents: Mr G Johnson
Solicitor for the Respondents: Australian Government Solicitor
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