Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ZMBZ v Minister for Home Affairs [2019] FCA 455 File number: NSD 1300 of 2018
Judge: FLICK J
Date of judgment: 4 April 2019
Catchwords: ADMINISTRATIVE LAW – jurisdictional error – alleged failure to make findings – argument not clearly advanced – argument potentially abandoned during hearing – no error MIGRATION – claim to harm by reason of being a refugee – necessity for tribunal to make findings as to impediments falling short of non-refoulement obligations
Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473CC, 499, 501, Pt 7AA, Div 2
Cases cited: Applicant in WAD531/2016 v Minister for Immigration and Border Protection [2018] FCAFC 213 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96, (2017) 248 FCR 456 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26, (2003) 77 ALJR 1088 Hossain v Minister for Immigration and Border Protection [2018] HCA 34, (2018) 92 ALJR 78 Minister for Immigration and Border Protection v SZSWB [2014] FCAFC 106 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263, (2004) 144 FCR 1 Re ZMBZ and Minister for Immigration and Border Protection [2018] AATA 1869
Date of hearing: 18 December 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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