Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DCL17 v Minister for Immigration and Border Protection [2018] FCA 1361 Appeal from: DCL17 v Minister for Immigration [2018] FCCA 441
File number: NSD 358 of 2018
Judge: MARKOVIC J
Date of judgment: 6 September 2018
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review – where Immigration Assessment Authority (Authority) affirmed the decision of a delegate not to grant a protection visa – whether the Authority misapplied the test in s 5J(3) of the Migration Act 1958 (Cth) (Act), misapplied the real chance test in s 5J(1)(b) of the Act and/or failed to consider an integer of the appellant's claim – whether the primary judge erred in dismissing these grounds of review – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1
Date of hearing: 27 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 63
Counsel for the Appellant: Mr B Zipser
Counsel for the First Respondent: Mr T Reilly
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