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BRK15 v Minister for Immigration and Border Protection [2016] FCA 1570

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MIGRATION - Refugee - Unlawful non-citizen - Refusal to grant a protection (class XA) visa - applicant owed non-refoulement obligation by Australia - Indefinite immigration detention - No realistic prospect of removal from Australia in reasonably foreseeable future - Whether the Minister’s exercise of power under s 501(1) of the Migration Act 1958 (Cth) was affected by jurisdictional error ADMINISTRATIVE LAW - Judicial review - procedural fairness - Requirement to inform applicant of the critical importance of his employability as affected by his disability being relevant to consideration of his application - The decision maker must also advise of any adverse conclusion which would not obviously be open on the known material

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