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Federal Court decision summaries December 2019
| DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 Full Court of the Federal Court of Australia Davies, Moshinsky & Snaden JJ Migration law - Minister's delegate refused appellant's application for a protection (class XA) visa - Refugee Review Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether to grant leave to appeal on proposed ground, not raised before Federal Circuit Court, that Tribunal had failed to consider risks which appellant 'faced cumulatively as an HIV-suffering widow' - whether Tribunal considered whether there was 'real risk' of appellant being subjected to "extreme humiliation" - whether Tribunal misconstrued “significant harm” or “degrading treatment or punishment” under ss36(2)(aa) & 36(2A)(e) Migration Act 1958 (Cth) - held: leave to raise ground of appeal dismissed - appeal dismissed. DKT16 |
| Secretary, Department of Home Affairs v CCA19 [2019] FCAFC 209 Full Court of the Federal Court of Australia Allsop CJ, Robertson & Moshinsky JJ Migration law - primary judge found 'two or more treating doctors for' respondent had notified Secretary that respondent was a 'relevant transitory person' under s198E(1) Migration Act 1958 (Migration Act) - primary judge was also satisfied to order Secretary to notify Minister that respondent was a relevant transitory person - whether primary judge erred in finding doctors were 'treating doctors' - construction of s198E Migration Act - definition of 'treating doctor' in s198E(7) Migration Act - whether a treating doctor must 'have direct personal interaction with' a transitory person 'in assessing' that person 'either remotely or in person' - held: appeal dismissed. Secretary, Department of Home Affairs |
| CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 Full Court of the Federal Court of Australia Mortimer, Derrington & Steward JJ Migration law - appellants were mother, father and three children - Minister's delegate refused to grant ppellants protection visas - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority erred in not being satisfied there were 'exceptional circumstances' justifying receipt of submissions of 'asserted new information' on second applicant's behalf - "new information" - s473DD(a) Migration Act 1958 (Cth) - held: appeal dismissed. CAQ17 |
| CPE16 v Minister for Immigration and Border Protection [2019] FCA 2007 Federal Court of Australia Jagot J Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise Visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority's consideration of applicant's claims miscarried - whether Authority failed to consider 'risk of harm' to appellant arising from appellant's travel for his 'petrol selling business' - whether, if Authority erred, error was material - ss5J(1) & 36(2B)(a) Migration Act 1958 (Cth) - held: appeal allowed. CPE16 |
Source: Benchmark https://benchmarkinc.com.au/web/
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