DPM16 v Minister for Immigration and Border Protection [2018] FCA 249

FEDERAL COURT OF AUSTRALIA

DPM16 v Minister for Immigration and Border Protection [2018] FCA 249 Appeal from: DPM16 v Minister for Immigration & Anor [2016] FCCA 3200

File number: NSD 415 of 2017

Judge: KATZMANN J

Date of judgment: 9 March 2018

Catchwords: MIGRATION — Refugees — application for protection visa — whether the Immigration Assessment Authority failed to take into account a claim or an integer of a claim — whether the Authority failed to consider "the fluid political situation" in the appellant's country of nationality when determining whether he had a well-founded fear of persecution — application of the "real chance" test — whether the Authority erred in equating a low risk of detention with the absence of a real chance of persecution

Legislation: Migration Act 1958 (Cth), ss 5J, 5H, 36(2)(a), 36(2)(aa)

Cases cited: Appellant 395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088; 197 ALR 398; 78 ALD 321 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Immigration and Naturalization Service v Cardoza-Fonseca (1987) 480 U.S 421 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 55 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259