Federal Court of Australia
Federal Court of Australia
DWX16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1688 Appeal from: DWX16 v Minister for Immigration & Anor [2020] FCCA 486
File number: VID 249 of 2020
Judgment of: BEACH J
Date of judgment: 23 November 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court – application for judicial review – complementary protection criterion – no claim of generalised violence squarely raised – no jurisdictional error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5J(1)(a), 36(2)(aa), (2A) and (2B), 473CA, 473CB, 473CC, 473DB
Cases cited: AOS18 v Minister for Immigration and Border Protection [2019] FCAFC 140 BPF15 v Minister for Immigration and Border Protection (2018) 264 FCR 319 BMB16 v Minister for Immigration and Border Protection (2017) 253 FCR 448
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 107
Date of hearing: 6 November 2020
Counsel for the Appellant: Mr J Bayly
Solicitor for the Appellant Clothier Anderson & Associates
Counsel for the First Respondent: Ms J Lucas
Solicitor for the First Respondent: Australian Government Solicitor
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS VID 249 of 2020
BETWEEN: DWX16 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent
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