CJE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1663

FEDERAL COURT OF AUSTRALIA

CJE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1663 Appeal from: CJE16 V Minister for Immigration & Anor [2019] FCCA 835

File number(s): VID 447 of 2019

Judge(s): ANDERSON J

Date of judgment: 11 October 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of decision of Administrative Appeals Tribunal (Tribunal) not to grant protection visa – where Tribunal found that the appellant did not face a real chance of serious harm if returned to Pakistan – where Tribunal made certain findings that the security situation in Pakistan had improved since the appellant left Pakistan – whether Tribunal adopted a temporally relative rather than an absolute approach in applying the "real chance" test – whether Tribunal, in the course of assessing the degree of risk of relevant harm, erred in relying on an subjective accounts of returnees to the relevant region of Pakistan Held: appeal dismissed – Tribunal did not fail to carry out its statutory task – Tribunal did not engage in legal unreasonableness

Legislation: Migration Act 1958 (Cth) ss 5J(1), 36(2)(a), 36(2)(aa), 65

Cases cited: CGA15 v Minister of Home Affairs [2019] FCAFC 46 Chan Wee Kin v Minister for Immigration and Ethnic Affairs [1989] HCA 62; 169 CLR 379 CID15 v Minister for Immigration and Border Protection [2017] FCA 780 CJE16 v Minister for Immigration & Anor [2019] FCCA 835 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286