Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZU16 v Minister for Immigration and Border Protection [2019] FCA 1336 Appeal from: AZU16 v Minister for Immigration & Anor [2017] FCCA 3016
File number: NSD 2122 of 2017
Judge: DAVIES J
Date of judgment: 20 August 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court ("FCC") – primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal ("AAT") affirming decision not to grant appellant protection visa – appellant claimed real risk of significant harm if returned to India due to homosexuality – AAT rejected credibility of protection claims - FCC concluded credibility findings reasonably open and no denial of procedural fairness – no error in decision below – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 36(2B)(a), 438
Cases cited: Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252; [2019] HCA 3
Date of hearing: 20 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 17
Counsel for the Appellant: The Appellant appeared in person
Counsel for the First Respondent: Ms A Davyskib of MinterEllison
Counsel for the Second Respondent: The Second Respondent filed a submitting notice
ORDERS NSD 2122 of 2017
BETWEEN: AZU16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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