Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DVB16 v Minister for Immigration and Border Protection [2018] FCA 1682 Appeal from: DVB16 v Minister for Immigration & Anor [2018] FCCA 659
File number: NSD 548 of 2018
Judge: LEE J
Date of judgment: 7 November 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – application for judicial review of a decision of the Immigration Assessment Authority – duty of Immigration Assessment Authority upon review – whether decision-maker failed to consider a claim made by the appellant –absence in a statement of reasons of express consideration of a particular claim – inferences to be drawn from failure to advert to particular contention and evidence in reasons – claims considered – appeal dismissed
Legislation: Migration Act 1958 (Cth), Part 7AA, ss 473DB(1), 473EA(1)(b)
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BVD17 v MIBP [2018] FCAFC 114 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 353 ALR 600 SZMTD v Minister for Immigration and Border Protection [2015] FCA 150 Tickner v Chapman (1995) 57 FCR 451
Date of hearing: 15 August 2018
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