BPQ15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1834

FEDERAL COURT OF AUSTRALIA

BPQ15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1834 Appeal from: BPQ15 v Minister for Immigration and Border Protection [2019] FCCA 703

File number: WAD 207 of 2019

Judge: JACKSON J

Date of judgment: 8 November 2019

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal - refusal to grant protection visa - definition of refugee - Tribunal's application of s 91R and s 91S of the Migration Act 1958 (Cth) (repealed) - threat to a person's life or liberty and serious harm - qualitative test applied - no jurisdictional error by Tribunal - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 91R, 91S, 424A, 430 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Schedule 5 Part 4

Cases cited: AKH16 v Minister for Immigration and Border Protection [2019] FCAFC 47 ANL15 v Minister for Immigration and Border Protection [2019] FCA 1365 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16; (2019) 367 ALR 695 Minister for Immigration and Border Protection v WZAPN [2015] HCA 22; (2015) 254 CLR 610 Minister for Immigration and Ethic Affairs v Wu Shan Liang (1996) 185 CLR 259 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 VBAO v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 60; (2006) 233 CLR 1