Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BPX17 v Minister for Immigration and Border Protection [2018] FCA 763 Appeal from: BPX17 & Anor v Minister for Immigration & Anor [2017] FCCA 3047
File number: NSD 2234 of 2017
Judge: BARKER J
Date of judgment: 14 June 2018
Catchwords: MIGRATION – application for (class XA) protection visas – appeal from the Federal Circuit Court of Australia – whether judge committed jurisdictional error – whether there was a failure to find the Administrative Appeals Tribunal erred in applying the test for a real risk of significant harm – complementary protection – where appellants are a family unit comprising wife and husband – where the wife's claim of converting religion was accepted – where appellants claim their religion requires them to proselytise throughout their home country – whether relocation was therefore not reasonable – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 36(2A), 36(2B), 36(2C) Migration Amendment (Complementary Protection) Act 2011 (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 on the Rights of the Child. Opened for signature 20 November 1989. 1577 UNTS 3 (entered into force 2 September 1990) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171 (entered into force 23 March 1976)
Cases cited: Appellant S395/2000 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2003] HCA 71 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379; [1989] HCA 62 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176 Minister for Immigration and Border Protection v SZSCA and Another (2014) 254 CLR 317; [2014] HCA 45 Minister for Immigration and Citizenship v Anochie and Another (2012) 209 FCR 497; [2012] FCA 1440 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505; [2013] FCAFC 33 SZATV v Minister for Immigration and Citizenship and Another (2007) 233 CLR 18; [2007] HCA 40 SZGIZ v Minister for Immigration and Citizenship (2013) 212 FCR 235; [2013] FCAFC 71 SZQDF v Minister for Immigration & Anor [2017] FCCA 519
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