AKH16 v Minister for Immigration and Border Protection [2019] FCAFC 47

FEDERAL COURT OF AUSTRALIA

AKH16 v Minister for Immigration and Border Protection [2019] FCAFC 47 Appeal from: AKH16 v Minister for Immigration & Anor [2016] FCCA 3492

File number: VID 1201 of 2017

Judges: BESANKO, MIDDLETON AND MORTIMER JJ

Date of judgment: 18 March 2019

Catchwords: MIGRATION – judicial review of decision to affirm decision of Minister to refuse grant of a protection visa – application of objective element of "well-founded fear" test – speculation as to future factual matters different from speculation as to whether there is a "real chance" that visa applicant will be harmed upon return to home area

Legislation: Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137, [1954] ATS 5 (entered into force 22 April 1954) Migration Act 1958 (Cth) s 36 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267, [1973] ATS 37 entered into force 4 October 1967)

Cases cited: AON15 v Minister for Immigration and Border Protection [2019] FCAFC 48 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 DG v Refugee Status Appeals Authority [2001] NZHC 443 DZADQ v Minister for Immigration and Border Protection [2014] FCA 754 Immigration and Naturalization Service v Cardoza-Fonseca 480 US 421 (1987) Kwong Hung Chan v Canada (Minister of Employment and Immigration) [1995] 3 SCR 593 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 R v Secretary of State for the Home Department, ex parte Sivakumaran [1988] AC 958 SRBB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1387