Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DFV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1310 Appeal from: DFV17 v Minister for Immigration & Anor [2019] FCCA 810
File number(s): VID 382 of 2019
Judge(s): ANDERSON J
Date of judgment: 21 August 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Immigration Assessment Authority (Authority) not to grant protection visa – whether appellant raised with the Authority a discrete claim to fear harm based on the circumstances of his father's ethnicity – whether such a claim clearly emerged from the materials Held: appeal dismissed – relevant claim did not clearly emerge from the materials – Authority had no obligation to consider discrete claim
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)
Cases cited: AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 DFV17 v Minister for Immigration & Anor [2019] FCCA 810
Date of hearing: 13 August 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
Counsel for the Appellant: The Appellant appeared in person with the assistance of an interpreter
Counsel for the First Respondent: Mr A Solomon-Bridge
Solicitor for the First Respondent: DLA Piper Australia
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