MZAMH v Minister for Immigration and Border Protection [2016] FCA 477

FEDERAL COURT OF AUSTRALIA

MZAMH v Minister for Immigration and Border Protection [2016] FCA 477 Appeal from: MZAMH v Minister for Immigration and Anor [2015] FCCA 3353

File number: VID 20 of 2016

Judge: JESSUP J

Date of judgment: 5 May 2016

Catchwords: MIGRATION – Appeal from Federal Circuit – Leave to amend Notice of Appeal – Whether appellant had well-founded fear of persecution owing to lack of governmental protection during future election campaigns – Whether sufficient scrutiny of appellant's claims owing to father's relationship with failed political candidate – Appeal dismissed.

Date of hearing: 5 May 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 14

Counsel for the Appellant: Mr R Sorensen

Solicitor for the Appellant: PLS Lawyers

Counsel for the Respondents: Ms C Symons

Solicitor for the Respondents: Clayton Utz

ORDERS VID 20 of 2016

BETWEEN: MZAMH Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: JESSUP J DATE OF ORDER: 5 MAY 2016

THE COURT ORDERS THAT:

1. The appellant have leave to amend the Notice of Appeal by substitution for the grounds originally included in that notice, grounds (1)(a) and (2) set out in the Amended Notice of Appeal handed up to court on 5 May 2016. 2. The appeal be dismissed. 3. The appellant pay the respondent Minister's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.