Federal Court of Australia
Federal Court of Australia
DQT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 917 Appeal from: DQT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 303
File number: NSD 1328 of 2021
Judgment of: JAGOT J
Date of judgment: 11 August 2022
Catchwords: MIGRATION — appeal against dismissal of review of Immigration Assessment Authority's affirmation of refusal of appellant's safe haven visa application — in interests of justice, leave granted for appellant to raise new grounds not before primary judge — Authority not bound to consider and resolve potentially competing country information in circumstances — Authority properly considered risk of appellant facing serious harm if returned to Sri Lanka as failed Tamil asylum seeker — appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Minister for Immigration and Border Protection v MZYTS and Another [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; (2022) 400 ALR 417
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 32
Date of hearing: 1 August 2022
Counsel for the Appellant: Mr S Fuller
Solicitor for the Appellant: Human Rights For All
Counsel for the First Respondent: Mr N Swan
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