AAM15 v Minister for Immigration and Border Protection [2018] FCA 1143
The appeal must be dismissed as none of the grounds raised demonstrate jurisdictional error or breach by the Tribunal or the primary judge; Tribunal complied with requirements of natural justice, ss 425, 424A, and 424AA, and all relevant evidence and arguments regarding applicants' claims for protection were considered.
- Jurisdiction
- Australia
- Judgment Date
- 03 August 2018
- Procedural Posture
- Appeal / Judgment After Hearing
- Legal Topics
- ['protection Visa' 'judicial Review' 'natural Justice' 'tribunal Procedure' 'complementary Protection' 'credibility Assessment' 'federal Circuit Court Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment After Hearing
Legal Issues
- 1 ['Whether the Tribunal failed to properly consider claims under ss 36(2)(a) and (aa) of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed to provide natural justice to the third appellant' 'Whether the Tribunal failed to comply with s 425 regarding opportunity to give evidence' 'Whether the Tribunal failed to comply with ss 424A and 424AA regarding adverse information' "Whether the Tribunal failed to consider the first appellant's political activities in Australia" "Whether the Tribunal failed to assess the third appellant's separate claim regarding sexual harassment"]
Ratio Decidendi
The appeal must be dismissed as none of the grounds raised demonstrate jurisdictional error or breach by the Tribunal or the primary judge; Tribunal complied with requirements of natural justice, ss 425, 424A, and 424AA, and all relevant evidence and arguments regarding applicants' claims for protection were considered.
Court Disposition
Orders
- []
Full Case Text
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