Federal Court of Australia
Federal Court of Australia
AGD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1298 Appeal from: AGD19 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 422
File number(s): NSD 691 of 2024
Judgment of: RAPER J
Date of judgment: 12 November 2024
Catchwords: MIGRATION LAW – appeal from the orders of the Federal Circuit and Family Court of Australia which affirmed the decision of the Administrative Appeals Tribunal to refuse to grant the appellant a protection visa – whether the primary judge erred by affirming the conclusions of the Tribunal regarding the risk of harm to the appellant if he were returned to China – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5J(6), 36, 36(2), 36(2A), 36(2A)(d)
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration, Citizenship and Multicultural Affairs v Lieu [2023] FCAFC 57; 297 FCR 162 O'Brien v Komesaroff (1982) 150 CLR 310 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179
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