Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHW16 v Minister for Immigration and Border Protection [2019] FCA 2168 Appeal from: BHW16 v Minister for Immigration & Anor [2019] FCCA 1172
File number: NSD 775 of 2019
Judge: YATES J
Date of judgment: 20 December 2019
Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – whether the primary judge erred in finding that the Tribunal's failure to consider evidence corroborating the appellant's claims to fear harm was not a constructive failure to exercise jurisdiction – appeal allowed
Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa)
Cases cited: BSQ16 v Minister for Immigration and Border Protection [2018] FCA 469 DZADQ v Minister for Immigration and Border Protection [2014] FCA 754 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 SZJHE v Minister for Immigration and Citizenship [2008] FCA 1771 VAAD v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 117
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: 47
Counsel for the Appellant: The appellant appeared in person, with the aid of an interpreter
Counsel for the First Respondent: Ms KN Pham
Solicitor for the First Respondent: Australian Government Solicitor
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