AOS18 v Minister for Immigration and Border Protection [2019] FCAFC 140

FEDERAL COURT OF AUSTRALIA

AOS18 v Minister for Immigration and Border Protection [2019] FCAFC 140 Appeal from: AOS18 v Minister for Immigration & Anor [2019] FCCA 327

File number: WAD 123 of 2019

Judges: MCKERRACHER, BANKS-SMITH AND COLVIN JJ

Date of judgment: 19 August 2019

Date of publication of reasons: 20 August 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority erred in failing to consider whether the appellant's claims of harm for non-Convention reasons gave rise to complementary protection obligations – where the factual basis for the appellant's Convention and complementary protection claims were the same – where the basis for the Authority's rejection of the Convention claims could be relied upon to reject the complementary protection claims – consideration of CDY15 v Minister for Immigration and Border Protection [2018] FCA 175 – relevance of past harm to the assessment of whether an applicant faces a real risk of suffering significant harm in the future – no jurisdictional error by the Authority – no appellable error by the primary judge

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 36(2A)

Cases cited: CDY15 v Minister for Immigration and Border Protection [2018] FCA 175 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505

Date of hearing: 19 August 2019

Registry: Western Australia

Division: General Division