AUV15 v Minister for Immigration and Border Protection [2018] FCA 812

FEDERAL COURT OF AUSTRALIA

AUV15 v Minister for Immigration and Border Protection [2018] FCA 812 Appeal from: AUV15 v Minister for Immigration for Immigration and Border Protection & Anor [2017] FCCA 1951

File number(s): VID 965 of 2017

Judge(s): O'CALLAGHAN J

Date of judgment: 1 June 2018

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court – whether Tribunal failed to consider that appellant had a real chance of persecution as a person opposed to the Karuna Group – where Tribunal dealt with and rejected this submission – whether Tribunal fell into error in considering some but not all country or NGO reports – where Tribunal held to have expressly considered both issues – where Tribunal permitted to decide which country information it considers and its weight – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 36(2)

Cases cited: Aporo v Minister for Immigration & Citizenship (2009) 113 ALD 46; [2009] FCAFC 123 BNV15 v Minister for Immigration and Border Protection [2017] FCA 1048 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZYJJ v Minster for Immigration and Citizenship [2011] FCA 957 MZZZW v Minister for Immigration and Border Protection (2015) 234 FCR 154 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Re Ruddock and Anor; Ex parte S154/2002 (2003) 201 ALR 437; [2003] HCA 60 VWFW v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCAFC 29 WAFP v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 319