Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CFX17 v Minister for Immigration and Border Protection [2018] FCA 1843 Appeal from: CFX17 v Minister for Immigration and Anor [2018] FCCA 275
File number: NSD 218 of 2018
Judge: LEE J
Date of judgment: 1 November 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether the primary judge erred in failing to find that the Immigration Assessment Authority incorrectly applied the complementary protection criterion and denied the appellant procedural fairness – whether the Authority misapplied s 473DD of the Migration Act 1958 (Cth) and failed to engage in a "thoughtful exercise" – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 473CB, 473DA, 473DB, 473DD, 473DE and Pt 7AA
Cases cited: CMY17 v Minister for Immigration and Border Protection [2018] FCA 1333
Date of hearing: 16 August 2018, 1 November 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 32
Counsel for the Appellant: The appellant appeared in person with the aid of an interpreter
Solicitor for the First Respondent: Mr A Moss of Clayton Utz
Solicitor for the Second Respondent: The second respondent entered a submitting appearance, save as to costs
ORDERS NSD 218 of 2018
BETWEEN: CFX17 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
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