MZAAD v Minister for Immigration and Border Protection [2015] FCA 1031

FEDERAL COURT OF AUSTRALIA

MZAAD v Minister for Immigration and Border Protection [2015] FCA 1031 Citation: MZAAD v Minister for Immigration and Border Protection [2015] FCA 1031

Appeal from: MZAAD v Minister for Immigration & Anor [2015] FCCA 1132

Parties: MZAAD v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL

File number: VID 302 of 2015

Judge: BEACH J

Date of judgment: 18 September 2015

Catchwords: MIGRATION – Protection (Class XA) visa – refusal of visa application by delegate of Minister – decision of delegate upheld by Refugee Review Tribunal – dismissal of application for judicial review of Tribunal decision by Federal Circuit Court – appeal from Federal Circuit Court – whether jurisdictional error in decision of Tribunal – consideration of complementary protection – real risk test – illogicality – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36(2)(aa)

Cases cited: Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Contreras v Minister for Immigration and Border Protection [2015] FCAFC 47 DZADQ v Minister for Immigration and Border Protection (2014) 143 ALD 659 El Merhabi v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 375 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 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 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 (2004) 222 CLR 1 NBCY v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 922