ADK15 v Minister for Immigration and Border Protection [2015] FCA 1187

FEDERAL COURT OF AUSTRALIA

ADK15 v Minister for Immigration and Border Protection [2015] FCA 1187 Citation: ADK15 v Minister for Immigration and Border Protection [2015] FCA 1187

Appeal from: ADK15 v Minister for Immigration & Anor [2015] FCCA 1493

Parties: ADK15 v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and ADMINISTRATIVE APPEALS TRIBUNAL

File number(s): NSD 722 of 2015

Judge(s): BENNETT J

Date of judgment: 6 November 2015

Catchwords: MIGRATION – appellant is a non-practising Muslim and agnostic – Tribunal rejected past claimed religious and political activism – Tribunal rejected future political and associated religious activism – Tribunal concluded that the appellant would not express his views publicly – whether the Tribunal failed to consider if there was a real risk of persecution if the appellant were to practise publicly and proselytise his agnosticism – whether the Tribunal failed to consider if the appellant's choice to keep his agnostic views private was a voluntary choice uninfluenced by harm

Legislation: Migration Act 1958 (Cth) ss 36, 65

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Applicant NABD of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 79 ALJR 1142 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80 Win v Minister for Immigration and Multicultural Affairs [2001] FCA 132

Date of hearing: 25 August 2015