Recent Cases

AYX16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 99 (03 June 2020) (Yates, Wheelahan and O’Bryan JJ)


MIGRATION – appeal from Federal Circuit Court – judicial review of an international treaty obligations assessment (ITOA) undertaken in respect of the appellant – whether the appellant was afforded procedural fairness in the ITOA process – where documents containing country information were not put to the appellant – no denial of procedural fairness – whether ITOA assessor applied the wrong standard – correct inference to determine the content of the instructions given to the ITOA assessor – ITOA assessor applied the correct standard – appeal dismissed.