Judgement by the Federal Court of Appeal on the Appeal Lodged 17.02.2017 against the Decision of the Federal Court
Armed Conflict in Yemen, Internal Repression
Download documentsFederal Court of Appeal Judgment, 06.07.2018
The appeal judge agrees with the conclusions of the Federal Court in its entirety and dismisses the appeal, ruling that the Minister did not exercise his discretion in an unreasonable manner.
The Court found that the Minister had considered all appropriate factors, including those pertaining to IHL and the conflict in Yemen, prior to deciding whether to issue the permits. In particular, the Federal Court of Appeal agrees that the applicant does not have standing to raise a violation of Common Article 1 of the Geneva Conventions despite it being incorporated into domestic law.
Read the Federal Court judgement here