Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DYT16 v Minister for Immigration and Border Protection [2018] FCA 1808 Appeal from: DYT16 v Minister for Immigration & Anor [2018] FCCA 1410
File number: NSD 828 of 2018
Judge: LOGAN J
Date of judgment: 6 November 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Authority misapprehended content of well-founded fears of persecution – referment by Authority to s 5J of Migration Act 1958 (Cth) – consequential factual evaluation against statutory test – findings of fact as to no serious harm reasonably open. Held – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014
Cases cited: Chan v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 Commissioner of Taxation (Cth) v Spotless Services Ltd (1996) 186 CLR 404 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Rajalingham (1999) 93 FCR 220
Date of hearing: 6 November 2018
Date of last submissions: 6 November 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: Mr O Jones
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate