DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 (02 December 2019) (Davies, Moshinsky and Snaden JJ)


Catchwords:


MIGRATION – protection visa – appeal from a decision of the Federal Circuit Court of Australia – application for judicial review of a decision of the Administrative Appeals Tribunal (the “Tribunal”) – decision of the first respondent refusing an application for a protection visa – whether the Tribunal committed jurisdictional error – whether the Tribunal failed to consider risks of harm cumulatively – whether the Tribunal misunderstood the definition of “degrading treatment or punishment” – appeal dismissed

PRACTICE AND PROCEDURE – whether leave ought to be granted to permit reliance upon additional ground not argued before the primary judge – whether additional ground has merit – leave refused