Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EZC17 v Minister for Immigration and Border Protection [2019] FCA 163 Appeal from: EZC17 v Minister for Immigration & Anor [2018] FCCA 1110
File number: NSD 827 of 2018
Judge: YATES J
Date of judgment: 20 February 2019
Catchwords: MIGRATION – application for protection visa – IAA rejected claim for protection based on finding that appellant was not at risk of harm from Sri Lankan authorities – claim of torture – IAA failed to address component integer of critical claim – IAA did not properly understand and consider claim put by appellant – jurisdictional error – ground of appeal not argued below – further evidence – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 46A(1), 46A(2), 473CC(1), 473DB(1)
Cases cited: BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 SZEIV v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 1798 SZKMS v Minister for Immigration and Citizenship [2008] FCA 499
Date of hearing: 11 February 2019
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 First Appellant: J F Gormly
Solicitor for the First Appellant: Sydney West Legal and Migration
Counsel for the First Respondent: T Reilly
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: The Second Respondent filed a submitting notice, save as to costs
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