DLV17 v Minister for Immigration and Border Protection [2019] FCA 801

FEDERAL COURT OF AUSTRALIA

DLV17 v Minister for Immigration and Border Protection [2019] FCA 801 Appeal from: DLV17 v Minister for Immigration & Anor [2018] FCCA 2563

File number: NSD 1810 of 2018

Judge: BESANKO J

Date of judgment: 31 May 2019

Catchwords: MIGRATION — where a delegate of the Minister for Immigration and Border Protection refused to grant the appellant a Safe Haven Visa — where the Immigration Assessment Authority affirmed the delegate's decision — where the Federal Circuit Court of Australia dismissed the appellant's application for judicial review of the Authority's decision MIGRATION — whether the Authority failed to give real and genuine consideration to country information — where the Authority said that it had had regard to or referred to the country information — whether the Authority failed to give real and genuine consideration to a claim that the risk or seriousness of harm was heightened by the fact that in departing Sri Lanka the appellant had disobeyed reporting orders made by authorities — whether the Authority failed to give real and genuine consideration to country information which discussed the torture and ill-treatment of Tamils by security forces

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473CB

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327; (2013) 233 FCR 534