Federal Court of Australia
Federal Court of Australia
AWC21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1568 Appeal from: AWC21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 90
File number: VID 608 of 2021
Judgment of: HESPE J
Date of judgment: 22 December 2022
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia – where Administrative Appeals Tribunal (Tribunal) affirmed decision to refuse to grant Appellant a protection visa under complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth) (Act) – whether harm following removal from Australia would amount to "significant harm" under s 36(2A) of the Act – consideration of intentionality requirement for "cruel or inhuman treatment or punishment" as defined in s 5 of the Act
Legislation: Migration Act 1958 (Cth) ss 5, 5H, 36, 65
Cases cited: Afu v Minister for Home Affairs [2018] FCA 1311 CHB16 v Minister for Immigration and Border Protection [2019] FCA 1089 CSV15 v Minister for Immigration and Border Protection [2018] FCA 699 EZC18 v Minister for Home Affairs [2019] FCA 2143 GLD18 v Minister for Home Affairs [2020] FCAFC 2 SZDCD v Minister for Immigration and Border Protection [2019] FCA 326 SZRSN v Minister for Immigration and Citizenship [2013] FCA 751
Division: General Division
Registry: Victoria
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