BAO16 v Minister for Immigration and Border Protection [2018] FCA 1463

FEDERAL COURT OF AUSTRALIA

BAO16 v Minister for Immigration and Border Protection [2018] FCA 1463 Appeal from: BAO16 v Minister for Immigration and Border Protection [2017] FCCA 1408

File number: VID 772 of 2017

Judge: KENNY J

Date of judgment: 26 September 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court decision dismissing application for judicial review of adverse International Treaties Obligations Assessment decision – whether primary judge erred in finding no jurisdictional error – failure by assessor to apply correct legal standard in determining whether the appellant had a well-founded fear of persecution – failure by assessor to consider the whole of the appellant's claims and evidence – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a), 36(2)(aa), 36(2A) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987), articles 1(1), 1A(2), 33 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954), as amended by the Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967), articles 1, 33 International Covenant on Civil and Political Rights, opened for signature 16 December 1996, 999 UNTS 171 (entered into force 23 March 1976), including the Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty, opened for signature 15 December 1989, 1642 UNTS 414 (entered into force 11 July 1991), articles 6(1), 7