CPD15 as litigation guardian for CGE15 v Minister for Immigration and Border Protection [2016] FCA 475

FEDERAL COURT OF AUSTRALIA

CPD15 as litigation guardian for CGE15 v Minister for Immigration and Border Protection [2016] FCA 475 Appeal from: CGE15 v Minister for Immigration & Border Protection [2016] FCCA 173

File number: NSD 213 of 2016

Judge: FARRELL J

Date of judgment: 6 May 2016

Catchwords: MIGRATION – appeal from judgment of the Federal Circuit Court of Australia – protection visa – appellant's mother appointed as litigation guardian – where appellant claims to fear harm as a "black child" in China because he was born to unmarried parents and in breach of China's family planning laws – where appellant's father imprisoned in Australia for drug related offences – where appellant claims to fear harm as a "son of a criminal" – where appellant's parents claim they are unable to pay the social compensation fee in China for the appellant as an "extra child" and "unmarried fertility" – where appellant's parents and an older sibling made individual protection claims which were unsuccessful – whether Tribunal failed to properly consider claims – whether Tribunal biased – whether Tribunal gave adequate reasons – whether Tribunal failed to take into account relevant considerations – whether appellant denied procedural fairness – whether Tribunal asked irrelevant questions – consideration of ss 36(2) and 424A of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 424A, 425, 476(2), 476A

Cases cited: CGE15 v Minister for Immigration & Border Protection [2016] FCCA 173 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668