Federal Court of Australia
Federal Court of Australia
DYP16 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 216 Appeal from: DYP16 v Minister for Immigration & Anor [2020] FCCA 3120
File number: NSD 1344 of 2020
Judgment of: RAPER J
Date of judgment: 8 March 2024
Catchwords: MIGRATION – appeal from orders of the then-Federal Circuit Court of Australia – whether the Immigration Assessment Authority failed to consider the appellant's protection claim – whether the Authority failed to consider complementary protection criterion – whether the Authority failed to exercise its jurisdiction - appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa), 36(2A)
Cases cited: SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125; 138 ALD 26 WZAVW v Minister for Immigration and Border Protection [2016] FCA 760
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 31
Date of hearing: 27 February 2024
Counsel for the appellant: The appellant appeared in person
Solicitor for the first respondent: Ms A Wilford of Sparke Helmore
Counsel for the second respondent: The second respondent filed a submitting notice, save as to costs
ORDERS NSD 1344 of 2020
BETWEEN: DYP16 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
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