FTZK v Minister for Immigration and Border Protection [2014] HCA 26

ON 27 JUNE 2014, the High Court of Australia delivered FTZK v Minister for Immigration and Border Protection [2014] HCA 26 (27 June 2014).

http://www.austlii.edu.au/au/cases/cth/HCA/2014/26.html

http://www.hcourt.gov.au/assets/publications/judgment-summaries/2014/hca-26-2014-06-27.pdf

The appellant was a Chinese national alleged to have committed serious crimes including kidnapping and murder in 1996. His protection visa application was refused by the immigration minister or the grounds that he was excluded from protection due to the alleged crimes. The Administrative Appeals tribunal affirmed the minister’s decision and the Full Court of the Federal Court of Australia dismissed an appeal against the AAT.

The High Court allowed an appeal against the Full Court, holding that the AAT had made a jurisdictional error in how it found that the refugee had committed the crimes.

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