EPJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 193

Federal Court of Australia

EPJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 193 Appeal from: EPJ19 v Minister for Immigration & Anor [2020] FCCA 2197

File number: NSD 1067 of 2020

Judgment of: MURPHY, RANGIAH AND STEWART JJ

Date of judgment: 10 November 2021

Catchwords: MIGRATION – Migration Act 1958 (Cth) – appeal from Federal Circuit Court of Australia – where Immigration Assessment Authority affirmed a decision to refuse the appellant's application for a temporary protection visa – where the primary judge dismissed the appellant's application for judicial review – whether the Authority asked itself the wrong question when evaluating the genuineness of the appellant's religious beliefs – whether the Authority took an impermissibly narrow approach to the application of s 5J(1)(a) – whether the Authority failed to consider whether the appellant would be required to conceal his religious beliefs upon return to Iran – whether the Authority failed to consider why the appellant would not publicise his religious beliefs upon return to Iran – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5J, 5H, 35A, 36 and 36A

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 DQU16 v Minister for Home Affairs [2021] HCA 10; (2021) 388 ALR 363 EPJ19 v Minister for Immigration [2020] FCCA 2197 ESQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 44 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1