Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FMN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 326 Appeal from: FMN17 by her litigation guardian v Minister for Immigration and Anor [2018] FCCA 3499
File number: WAD 581 of 2018
Judge: STEWARD J
Date of judgment: 16 March 2020
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether primary judge erred in dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a refusal of a protection visa application – where Tribunal made a finding that there was a substantial risk that the child appellant would be forced into a marriage if removed from Australia – whether the Tribunal misapplied s. 36(2)(aa) of the Migration Act 1958 (Cth.) – whether the Tribunal failed to consider whether there was a real risk that the appellant would suffer "significant harm" as defined in s. 36(2A)
Legislation: Migration Act 1958 (Cth.) ss. 5, 36
Cases cited: Abebe v. Commonwealth (1999) 197 C.L.R. 510 Minister for Immigration and Ethnic Affairs v. Guo (1997) 191 C.L.R. 559 R. (on the application of Quila) v. Secretary of State for the Home Department [2012] 1 A.C. 621 SZTAL v. Minister for Immigration and Border Protection (2017) 262 C.L.R. 362
Date of hearing: 17 February 2020
Date of last submissions: 3 March 2020
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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