BZAFB v Minister for Immigration and Border Protection [2018] FCA 995

FEDERAL COURT OF AUSTRALIA

BZAFB v Minister for Immigration and Border Protection [2018] FCA 995 Appeal from: BZAFB v Minister for Immigration and Border Protection [2017] FCCA 833

File number: NSD 703 of 2017

Judge: FLICK J

Date of judgment: 3 July 2018

Catchwords: MIGRATION – protection visas – appeal from a decision of the Federal Circuit Court dismissing an application for review of a decision of the Administrative Appeals Tribunal not to grant a protection visa – whether Tribunal failed to consider an integer of the Appellant's claim – where argument not raised in the Federal Circuit Court – whether leave should be granted to raise new argument on appeal – whether Tribunal failed to put new information to the Appellant – where Appellant may face poor prison conditions if returned to Sri Lanka – where Tribunal found that the chance of the Appellant facing a term of imprisonment was remote – whether poor prison conditions constitute serious or significant harm

Legislation: Migration Act 1958 (Cth) ss 5, 36

Cases cited: ANG15 v Minister for Immigration and Border Protection [2018] FCA 225 BJG15 v Minister for Immigration and Border Protection [2018] FCA 251 BZAFB v Minister for Immigration and Border Protection [2014] FCCA 2584 BZAFB v Minister for Immigration and Border Protection [2017] FCCA 833 Minister for Immigration and Citizenship v MZYHS [2011] FCA 53, (2011) 119 ALD 534 Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51, (2010) 115 ALD 303 SZTAL v Minister for Immigration and Border Protection [2016] FCAFC 69, (2016) 243 FCR 556 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34, (2017) 347 ALR 405 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158, (2004) 238 FCR 588 Waterford v Commonwealth (1987) 163 CLR 54