AJL16 v Minister for Immigration and Border Protection [2019] FCA 255

FEDERAL COURT OF AUSTRALIA

AJL16 v Minister for Immigration and Border Protection [2019] FCA 255 Appeal from: AJL16 v Minister for Immigration & Anor [2018] FCCA 1680

File number: VID 880 of 2018

Judge: MORTIMER J

Date of judgment: 5 March 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court affirming decision of Administrative Appeals Tribunal to refuse protection visa – whether Tribunal failed to perform statutory review function by failing to consider risk that appellant would be subject to sexual violence – where appellant did not directly raise claim of risk of sexual violence before Tribunal – no error in Tribunal reasoning – appeal dismissed PRACTICE AND PROCEDURE – application for leave to amend notice of appeal – where ground not pressed before Federal Circuit court – leave granted

Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 36(2B)(c), Div 4, Pt 7

Cases cited: AJL16 v Minister for Immigration and Border Protection [2018] FCCA 1680 AOJ18 v Minister for Home Affairs [2018] FCAFC 220 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133 Beezley v Repatriation Commission [2015] FCAFC 165; 150 ALD 11 BKQ16 v Minister for Immigration and Border Protection [2019] FCA 40 BPF15 v Minister for Immigration and Border Protection [2018] FCA 964 DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZRMA [2013] FCAFC 161; 219 FCR 287 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; 347 ALR 405