BDT16 v Minister for Immigration and Border Protection [2017] FCA 249

FEDERAL COURT OF AUSTRALIA

BDT16 v Minister for Immigration and Border Protection [2017] FCA 249 Appeal from: BDT16 v Minister for Immigration & Anor [2016] FCCA 2091

File number: NSD 1443 of 2016

Judge: ROBERTSON J

Date of judgment: 15 March 2017

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – the Tribunal affirmed the decision of the delegate not to grant the appellant a Protection (Class XA) visa – appellant a citizen of Pakistan who claimed that he had experienced discrimination and harassment as a result of his Shia religion and Mohajir ethnicity – claim that the authorities could not and would not protect him because of his Mohajir ethnicity and Shia religion and that he would be unsafe anywhere in Pakistan – whether Tribunal failed to consider whether the appellant might face a well founded fear of persecution in the future by virtue of attending a mosque or religious procession in the future – whether Tribunal erred by failing to consider whether the Pakistani authorities were able to protect Shias, rather than that those authorities were generally willing to do so

Legislation: Migration Act 1958 (Cth) s 36

Cases cited: Minister for Immigration and Ethnic Affairs v Guo Wei Rong [1997] HCA 22; 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Respondents S152/2003 [2004] HCA 18; 222 CLR 1 Waterford v Commonwealth [1987] HCA 25; 163 CLR 54