Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CYD17 v Minister for Home Affairs [2019] FCA 869 Appeal from: CYD17 v Minister for Home Affairs and Anor [2019] FCCA 74
File number: QUD 75 of 2019
Judge: LOGAN J
Date of judgment: 30 May 2019
Catchwords: MIGRATION – appeal from the Federal Circuit Court dismissing an application for judicial review of a decision of the Immigration Assessment Authority – where the appellant formerly resided in a province of Afghanistan where roads were regularly impassable in winter – whether the Authority failed to consider material referring to the impassable roads – construction of claim – whether the impassability was potentially determinative of the appellant's claim – where Authority mentioned that the appellant had not claimed to have special characteristics which would identify him as a returnee from the West – where appellant had not claimed to have any such characteristics – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 46A, 473CB, 473CC, 473DB,
Cases cited: Dranishnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 DVB16 v Minister for Immigration and Border Protection [2018] FCA 1682 Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Date of hearing: 30 May 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 21
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