CMO17 v Minister for Immigration and Border Protection [2018] FCAFC 227

FEDERAL COURT OF AUSTRALIA

CMO17 v Minister for Immigration and Border Protection [2018] FCAFC 227 Appeal from: CMO17 v Minister for Immigration and Border Protection & Anor [2018] FCCA 1888

File number: QUD 519 of 2018

Judges: LOGAN, DAVIES AND STEWARD JJ

Date of judgment: 22 November 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court – absence of satisfaction by Immigration Assessment Authority that appellant a person to whom protection obligations were owed or in need of complementary protection – Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa) – whether absence of satisfaction unreasonable or illogical – whether evidence as to current events in country of former habitual residence admissible on judicial review before Federal Circuit Court. Held – no error in Federal Circuit Court's conclusion that Authority's decision neither unreasonable nor illogical – no basis for admissibility of further evidence established.

Legislation: Migration Act 1958 (Cth) ss 36, 36(2)(a), 36(2)(aa), 65, 46A(2), 473DD Federal Court Rules 2011 (Cth) r 36.01(2)(c)

Cases cited: Bankstown Municipal Council v Fripp (1919) 26 CLR 385 Buck v Bavone (1976) 135 CLR 110 CMO17 v Minister for Immigration & Anor [2018] FCCA 1888 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992 Minister for Immigration v Eshetu (1999) 197 CLR 611 Nobarani v Mariconte (2018) 92 ALJR 806 Rajski v Scitec Corporation Pty Ltd [1986] NSWCA 1 Surinakova v Minister for Immigration, Local Government and Ethnic Affairs (1991) 33 FCR 87