Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CHB16 v Minister for Immigration and Border Protection [2019] FCA 1089 Appeal from: CHB16 v Minister for Immigration & Anor [2017] FCCA 2685
File number: VID 1161 of 2017
Judge: REEVES J
Date of judgment: 12 July 2019
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court – where the primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where the appellant had been refused a protection (class XA) visa – whether the Tribunal failed to consider an integer of the appellant's claim – whether the Tribunal failed to consider a claim that clearly arose from the materials – no jurisdictional error found – application dismissed
Legislation: Migration Act 1958 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Federal Circuit Court Rules 2001 (Cth) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees 1967 (the Protocol), opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CHB16 v Minister for Immigration & Anor [2017] FCCA 2685 CSV15 v Minister for Immigration and Border Protection [2018] FCA 699 DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136; [2001] FCA 1802 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211; [2012] FCAFC 147 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252; [2019] HCA 3 Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610; [2015] HCA 22 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505; [2013] FCAFC 33 Minister for Immigration and Citizenship v SZRMA (2013) 219 FCR 287; [2013] FCAFC 161 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SDAQ v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 137; [2003] FCAFC 120
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