AEG16 v Minister for Immigration and Border Protection [2019] FCA 585

FEDERAL COURT OF AUSTRALIA

AEG16 v Minister for Immigration and Border Protection [2019] FCA 585 Appeal from: AEG16 v Minister for Immigration and Anor [2018] FCCA 1514

File number: VID 814 of 2018

Judge: BROMBERG J

Date of judgment: 29 April 2019

Catchwords: MIGRATION – appeal of a decision of Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") – Tribunal affirming a decision to refuse to grant a Protection (Class XA) visa to a Sri Lankan citizen – whether a claim made before the Tribunal under the Refugee Convention should also be regarded as a claim for complementary protection – whether a claim for complementary protection expressly made – whether a claim for complementary protection has clearly emerged from the materials – whether, if made, the claim for complementary protection was considered – whether the Tribunal made an irrational finding – appeal dismissed.

Legislation: Migration Act 1958 (Cth)

Cases cited: AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRMA (2013) 219 FCR 287 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 ZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125