Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CHJK v Minister for Home Affairs [2019] FCA 1330 Review from: Re CHJK and Minister for Home Affairs [2019] AATA 584
File number: NSD 650 of 2019
Judge: FLICK J
Date of judgment: 23 August 2019
Catchwords: MIGRATION – failure to consider an international treaties obligations assessment – failure made out by absence of any reference in reasons to the assessment and an absence of any findings made as to the assessment
Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA Federal Court Rules 2011 (Cth) r 4.12
Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107, (2017) 252 FCR 352 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Minister for Home Affairs v Buadromo [2018] FCAFC 151, (2018) 362 ALR 48 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Oluwafemi v Minister for Home Affairs [2018] FCA 1389 Swift v SAS Trustee Corporation [2010] NSWCA 182, (2010) 6 ASTLR 339
Date of hearing: 7 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: Mr I Chatterjee
Solicitor for the Applicant: Human Rights for All Pty Ltd
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