Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AMO18 v Minister for Home Affairs [2020] FCA 1403 Appeal from: AMO18 & Ors v Minister for Home Affairs & Anor [2018] FCCA 3379
File number(s): QUD 911 of 2018
Judgment of: GREENWOOD J
Date of judgment: 29 September 2020
Catchwords: MIGRATION – consideration of an appeal on the footing that the primary judge is said to have fallen into error in failing to find that the Administrative Appeals Tribunal fell into jurisdictional error in relation to its assessment of a claim under the Complementary Protection Regime of the Migration Act 1958 (Cth) concerning a fear of a real risk of significant harm on the footing that the appellants would be regarded, respectively, as a divorcee and family members of a divorcee, should the appellants return to the Philippines
Legislation: Migration Act 1958 (Cth), ss 5J(2), 5LA, 36(2)(a), 36(2)(aa), 36(2A), 36(2B)(b)
Cases cited: CR1026 v Republic of Nauru (2018) 92 ALJR 529 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 74
Date of hearing: 17 May 2019
Counsel for the Appellants: J R Young
Solicitor for the Appellants: Stolar Law
Counsel for the Respondents: J Byrnes
Solicitor for the Respondents: Sparke Helmore
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