Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BAH16 v Minister for Immigration and Border Protection [2019] FCA 893 Appeal from: BAH16 v Minister for Immigration & Anor [2018] FCCA 3700
File number(s): VID 10 of 2019
Judge(s): ANDERSON J
Date of judgment: 14 June 2019
Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia (Circuit Court) dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa – whether Tribunal failed to assess claim on the basis of his religion – whether Tribunal assessed the appellant's claims cumulatively – whether DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 (DAO16) is distinguishable from this case Held: appeal dismissed – no jurisdictional error by Tribunal – the appellant raised a claim on the basis of his ethnicity, but not religion – the Tribunal correctly assessed the appellant's claims cumulatively – DAO16 is distinguishable
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 420, 422B
Cases cited: BAH16 v Minister for Immigration & Anor [2018] FCCA 3700 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611
Date of hearing: 30 May 2019
Registry: Victoria
Division: General Division
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