Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BLH16 v Minister for Immigration and Border Protection [2019] FCA 1906 Appeal from: BLH16 v Minister for Immigration & Anor [2018] FCCA 3599
File number: VID 1633 of 2018
Judge: KERR J
Date of judgment: 12 November 2019
Date of publication of reasons: 18 November 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – application for protection (Class XA) visa – whether Appellant raised safety of particular aspect of Appellant's journey home if returned before the Tribunal – claim raised – claim not adequately addressed – appeal allowed MIGRATION – appeal from Federal Circuit Court of Australia – application for Protection (Class XA) Visa – Migration Act 1958 (Cth) s 499 – Ministerial Direction No 65 – whether Tribunal obliged to consider Department of Foreign Affairs and Trade country information assessment independently of relevant claim being advanced – no such obligation
Legislation: Migration Act 1958 (Cth) s 499
Cases cited: NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAVK v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1695
Date of hearing: 12 November 2019
Date of last submissions: 8 November 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 37
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