CGA15 v Minister for Home Affairs [2019] FCAFC 46

FEDERAL COURT OF AUSTRALIA

CGA15 v Minister for Home Affairs [2019] FCAFC 46 Appeal from: CGA15 v Minister for Immigration & Anor [2018] FCCA 1450

File number: VID 767 of 2018

Judges: MURPHY, MORTIMER AND O'CALLAGHAN JJ

Date of judgment: 15 March 2019

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing application for judicial review of decision of Administrative Appeals Tribunal to affirm decision not to grant appellant a protection visa – principles relevant to leave to raise new ground of appeal – whether Tribunal applied correct approach to "real chance" test – whether Tribunal engaged in flawed statistical analysis of risk to appellant in finding he could safely relocate – appeal upheld

Legislation: Migration Act 1958 (Cth)

Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 Chan v Minister for Immigration and Border Protection [2018] FCA 1323 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CID15 v Minister for Immigration and Border Protection [2017] FCA 780 DZADQ v Minister for Immigration and Border Protection (2014) 143 ALD 659; [2014] FCA 754 Hossain v Minister for Immigration and Border Protection (2018) 359 ALR 1; [2018] HCA 34 Iyer v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1788 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v S152/2003 (2004) 222 CLR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51; [2005] FCAFC 134 O'Brien v Komesaroff (1982) 150 CLR 310 SRBB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 79 ALD 723; [2003] FCA 1387 SZQBN v Minister for Immigration and Border Protection (2014) 226 FCR 68; [2014] FCA 686 Water Board v Moustakas (1988) 180 CLR 491