BCD16 v Minister for Immigration and Border Protection [2019] FCA 592

FEDERAL COURT OF AUSTRALIA

BCD16 v Minister for Immigration and Border Protection [2019] FCA 592 Appeal from: BCD16 v Minister for Immigration and Border Protection [2017] FCCA 1914

File number(s): NSD 1765 of 2017

Judge(s): FARRELL J

Date of judgment: 30 April 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – Administrative Appeals Tribunal affirmed delegate's decision to refuse to grant the appellant a Protection (Class XA) visa – where Tribunal made credibility findings adverse to appellant – whether Tribunal failed to consider claim based on imputed membership of the social group "journalists and media professionals in Sri Lanka" or be subject to generalised harm as a perceived journalist or media professional – whether Tribunal failed to invite appellant to address the issue of whether he would pursue politics upon return to Sri Lanka in breach of s 425 of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: Abebe v The Commonwealth [1999] HCA 14; 197 CLR 510 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 BCD16 v Minister for Immigration and Border Protection [2017] FCCA 1914 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Minister for Immigration and Citizenship v Applicant A125 of 2003 [2007] FCAFC 162; 163 FCR 285 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR [2003] FCAFC 126; 128 FCR 553 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Hathaway JC and Foster M, The Law of Refugee Status (Cambridge University Press, 2nd ed, 2014)