Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Naqvi [2018] FCA 2075 Appeal from: Naqvi & Anor v Minister for Immigration & Anor [2018] FCCA 793
File number: VID 472 of 2018
Judge: WHITE J
Date of judgment: 20 December 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court (FCC) setting aside the decision of the Administrative Appeal Tribunal (Tribunal) – whether the Tribunal had applied correctly the test for a well-founded fear of persecution contained in s 5J(1) of the Migration Act 1958 (Cth) – error of approach indicated jurisdictional error – appeal dismissed.
Legislation: Migration Act 1958 (Cth) s 5J Migration Regulations 1994 (Cth) reg 8107(3)(b)
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Hossain v Minister for Immigration and Border Protection [2018] HCA 34, (2018) 92 ALJR 780 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Shrestha v Minister for Immigration and Border Protection [2018] HCA 35, (2018) 92 ALJR 798 SRBB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1387
Date of hearing: 29 November 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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