AAD15 v Minister for Immigration and Border Protection [2019] FCA 1368

FEDERAL COURT OF AUSTRALIA

AAD15 v Minister for Immigration and Border Protection [2019] FCA 1368 Appeal from: AAD15 v Minister for Immigration [2017] FCCA 1344

File number(s): NSD 1609 of 2017

Judge(s): COLLIER J

Date of judgment: 28 August 2019

Catchwords: MIGRATION - appeal from a Federal Circuit Court – application for a protection visa – refusal of protection visa – whether the Tribunal had overlooked evidence – whether the Tribunal erred in finding a s 438 certificate was invalid – whether the Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) – no jurisdictional error in Tribunal finding – no appellable error in decision of primary Judge

Legislation: Migration Act 1958 (Cth) – 424A, 424A, 424AA, 426A, 438 Migration Regulations 1994 (Cth)

Cases cited: AAD15 v Minister for Immigration [2017] FCCA 1344 AVO15 v Minister for Immigration [2017] FCA 566 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3 Minister for Immigration and Citizenship v SZFLX [2009] HCA 31; (2009) 238 CLR 507 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 MZAFZ v Minister for Immigration [2016] FCA 1081; (2016) 243 FCR 1 Singh v Minister for Immigration [2016] FCCA 2464; (2016) 313 FLR 1 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 235 ALR 609 SZEPZ v Minister for Immigration and Multicultural Affairs [2006] FCAFC 107; (2006) 159 FCR 291 SZWCB v Minister for Immigration and Border Protection [2019] FCA 139