Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AUE16 v Minister for Immigration and Border Protection [2020] FCA 1168 Appeal from: AUE16 v Minister for Immigration & Anor [2019] FCCA 1074
File number: VID 511 of 2019
Judge: BROMBERG J
Date of judgment: 14 August 2020
Catchwords: MIGRATION – judicial review of decision of Administrative Appeals Tribunal ('Tribunal') to affirm Minister's decision to refuse protection visa – whether Tribunal applied the wrong test and therefore failed to properly consider appellant's claim to fear harm from increased violence in Pakistan in the context of forthcoming elections – whether Tribunal failed to meaningfully consider appellant's claim to fear harm from increased violence in the context of forthcoming elections in Pakistan – whether Tribunal's decision was affected by jurisdictional error in that the Tribunal misunderstood or constructively failed to consider an integer of the appellant's claim relating to the treatment of his brother.
Legislation: Migration Act 1958 (Cth)
Cases cited: Minister for Home Affairs v Omar [2019] FCAFC 188 Minister for Immigration v Yusuf (2001) 206 CLR 323
Date of hearing: 27 July 2020
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 56
Counsel for the Appellant: Dr A McBeth
Solicitor for the Appellant: Clothier Anderson Immigration Lawyers
Counsel for the First Respondent: Mr AP Yuile
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