Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AID16 v Minister for Immigration and Border Protection [2020] FCA 118 Appeal from: AID16 & Ors v Minister for Immigration & Anor [2017] FCCA 253
File number: NSD 309 of 2017
Judge: O'BRYAN J
Date of judgment: 14 February 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether Tribunal failed to consider claim or asked itself the wrong question – whether Tribunal's finding that appellant father was a "mid-level" political activist was arbitrary, illogical or irrational – whether Tribunal failed to consider appellant father's claims for protection cumulatively – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: CGA15 v Minister for Home Affairs [2019] FCAFC 46 Coulton v Holcombe (1986) 162 CLR 1 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Khan v Minister for Immigration and Multicultural Affairs [2000] FCA 1478 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Lee v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 464 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; 69 AAR 210 Minister for Immigration and Border Protection v SZVFW (2018) 163 ALD 1 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Minister for Immigration and Multicultural Affairs; ex parte applicant S20/2002 (2003) 73 ALD 1 Sharma v Minister for Immigration and Border Protection (2017) 256 FCR 1 SZRPT v Minister for Immigration and Border Protection [2014] FCA 24 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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