AKR17 v Minister for Home Affairs [2018] FCA 1684

FEDERAL COURT OF AUSTRALIA

AKR17 v Minister for Home Affairs [2018] FCA 1684 Appeal from: AKR17 v Minister for Immigration [2018] FCCA 1396

File number: NSD 1211 of 2018

Judge: THAWLEY J

Date of judgment: 6 November 2018

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority not to grant a visa – where Authority found the appellant did not have a real or imputed Liberation Tigers of Tamil Eelam (LTTE) profile – where Authority stated that information indicated that human rights violations involved those with real or perceived links to the LTTE – whether Authority had a "real doubt" about its conclusion– whether Authority erred in failing to consider the possibility that it was "wrong"

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), 36(2)(aa), 476

Cases cited: BDO15 v Minister for Immigration and Border Protection [2018] FCA 619 CCW17 v Minister for Immigration and Border Protection [2018] FCA 1543 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 92 ALJR 713 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 MZXSA v Minister for Immigration and Citizenship [2010] FCAFC 123; 117 ALD 441