BRV15 v Minister for Immigration and Border Protection [2018] FCA 285

FEDERAL COURT OF AUSTRALIA

BRV15 v Minister for Immigration and Border Protection [2018] FCA 285 Appeal from: BRV15 v Minister for Immigration and Border Protection [2017] FCCA 131

File number: VID 131 of 2017

Judge: GRIFFITHS J

Date of judgment: 9 March 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the AAT did not fail to consider the applicant's claim on the basis on which it was actually made, and/or drew a material inference that was arbitrary, unreasonable and not open to it on the evidence – whether the primary judge erred in the interpretation and/or application of the well-foundedness requirement – whether the primary judge erred by finding the AAT had asked itself the correct legal question and/or applied a correct proposition of law in respect of the applicant's claims concerning his religious practice of animal sacrifice – whether the primary judge engaged in an impermissible merits review – appeal dismissed, with costs

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 SZTAL v Minister for Immigration and Protection [2017] HCA 34; 91 ALJR 936 Tisdall v Webber [2011] FCAFC 76; 193 FCR 260 Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599; 105 FCR 548