AEK16 v Minister for Immigration and Border Protection [2017] FCA 625

FEDERAL COURT OF AUSTRALIA

AEK16 v Minister for Immigration and Border Protection [2017] FCA 625 Appeal from: AEK16 & Anor v Minister for Immigration & Anor [2016] FCCA 2896

File number: NSD 2131 of 2016

Judge: MORTIMER J

Date of judgment: 1 June 2017

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – refusal of grant of protection visa – whether Tribunal failed to deal with clearly articulated claims – whether Tribunal failed to consider degree of discrimination claimed by the appellants – consideration of distinction between "discrimination" and "persecution" – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5J, 36, 91R Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) International Covenant on Civil and Political Rights, opened for signature 16 December 1996, 999 UNTS 171 (entered into force 23 March 1976) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs [1997] HCA 4; 190 CLR 225 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Minister for Immigration and Multicultural Affairs v Haji Ibrahim [2000] HCA 55; 204 CLR 1 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863; 317 ALR 365