FJX17 v Minister for Home Affairs [2019] FCA 325

FEDERAL COURT OF AUSTRALIA

FJX17 v Minister for Home Affairs [2019] FCA 325 Appeal from: FJX17 & Anor v Minister for Immigration & Anor [2018] FCA 2131

File number: QUD 596 of 2018

Judge: LOGAN J

Date of judgment: 4 February 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether Tribunal failed to find that the appellant was a member of a particular social group – whether real chance of harm – real chance test.

Legislation: Migration Act 1958 (Cth)

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588

Date of hearing: 4 February 2019

Registry: Queensland

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 19

Solicitor for the Appellants: W J Markwell & Associates

Solicitor for the Respondents: Minter Ellison

ORDERS QUD 596 of 2018

BETWEEN: FJX17 First Appellant

FJX17 AS LITIGATION GUARDIAN FOR FJY17 Second Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 4 February 2019

THE COURT ORDERS THAT:

1. The application for leave to amend the Notice of Appeal so as to raise the ground specified as ground 1 in the Supplementary Notice of Appeal be refused. 2. The appeal be dismissed. 3. The first appellant pay the costs of the first respondent of and incidental to the appeal, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.