Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CPE16 v Minister for Immigration and Border Protection [2019] FCA 2007 Appeal from: CPE16 v Minister for Immigration [2018] FCCA 3325
File number: NSD 2312 of 2018
Judge: JAGOT J
Date of judgment: 29 November 2019
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – whether the Immigration Assessment Authority committed jurisdictional error in its assessment of the risk of harm to the appellant if the appellant relocated to Kabul – whether the primary judge erred in holding that the Authority's jurisdictional error was not material – jurisdictional error material – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 5H(1), 5J(1), 5J(1)(c), 36(2B)
Cases cited: CPE16 v Minister for Immigration [2018] FCCA 3325
Date of hearing: 12 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 18
Counsel for the Appellant: Mr D Godwin
Solicitor for the Appellant: Stephen Hodges Solicitor
Counsel for the First Respondent: Mr G Johnson
Solicitor for the First Respondent: Sparke Helmore
Counsel for the Second Respondent: The Second Respondent did not appear
ORDERS NSD 2312 of 2018
BETWEEN: CPE16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
JUDGE: JAGOT J DATE OF ORDER: 29 November 2019
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