BWX15 v Minister for Immigration and Border Protection [2018] FCA 64

FEDERAL COURT OF AUSTRALIA

BWX15 v Minister for Immigration and Border Protection [2018] FCA 64 Appeal from: BWX15 v Minister for Immigration & Anor [2017] FCCA 117

File number: VID 102 of 2017

Judge: MURPHY J

Date of judgment: 9 February 2018

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court affirming Tribunal's rejection of application for protection visa – leave to raise new grounds on appeal –whether the Tribunal failed to consider the complementary protection obligations owed to the appellant – whether the Tribunal erred by not putting to the appellant relevant material – whether the Tribunal made findings that were unreasonable by relying on country information from the Department of Foreign Affairs and Trade to the exclusion of country information provided by the appellant – whether the Tribunal failed to consider the entirety of the appellant's claim to be at risk of harm – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority (2015) 227 FCR 95; [2015] FCAFC 7 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158 Water Board v Moustakas (1988) 180 CLR 491; [1988] HCA 12 at 497