AGA16 v Minister for Immigration and Border Protection [2018] FCA 628

FEDERAL COURT OF AUSTRALIA

AGA16 v Minister for Immigration and Border Protection [2018] FCA 628 Appeal from: AFZ16 & Anor v Minister for Immigration & Anor [2017] FCCA 2012

File number: VID 986 of 2017

Judge: MOSHINSKY J

Date of judgment: 9 May 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – protection visa – where the appellant claimed to fear harm on return to Egypt for reasons of membership of a particular social group, namely women in Egypt – where the appellant provided evidence of three incidents of sexual assault against her and of the prevalence of gender-based violence and sexual harassment against women in Egypt – where the appellant provided evidence of her personal vulnerability – whether primary judge erred in not concluding that the Tribunal failed to perform its statutory function by failing to deal with a claim or its component integers – appeal allowed

Legislation: Federal Court of Australia Act 1976 (Cth), s 24 Migration Act 1958 (Cth), ss 36, 91R, 91S Migration Regulations 1994 (Cth)

Cases cited: Applicant S v Minister for Immigration and Multicultural Affairs (2004) 217 CLR 387 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Buadromo v Minister for Immigration and Border Protection [2017] FCA 1592 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Khawar (2002) 210 CLR 1 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 MZWYY v Minister for Immigration and Multicultural Affairs [2006] FCA 506 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 147 FCR 51 SYLB v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 87 ALD 498; [2005] FCA 942 SZAYT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 857 SZBBP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FMCA 5 SZSZW v Minister for Immigration and Border Protection (2015) 150 ALD 465; [2015] FCA 562 SZTEQ v Minister for Immigration and Border Protection (2015) 229 FCR 497 SZTQP v Minister for Immigration and Border Protection (2015) 232 FCR 452 Tickner v Chapman (1995) 57 FCR 451 WZAQU v Minister for Immigration and Citizenship (2013) 233 FCR 534