Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EZC18 v Minister for Home Affairs [2019] FCA 2143 Appeal from: EZC18 v Minister for Home Affairs & Anor [2019] FCCA 464
File number: SAD 46 of 2019
Judge: BESANKO J
Date of judgment: 19 December 2019
Catchwords: MIGRATION — appeal from an order made by the Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal — where the Tribunal affirmed the decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant the appellant a protection visa — where the appellant contended that he was at significant risk of committing suicide if returned to the United Kingdom — whether suicide amounts to an arbitrary deprivation of life within the terms of ss 36(2A)(a) and 36(2)(aa) of the Migration Act 1958 (Cth) — whether s 36(2A)(a) is restricted to the risk of being arbitrarily deprived of life by a third party or third parties — whether the issue of whether suicide amounts to an arbitrary deprivation of life is determined by reference to the receiving country's response to the risk of suicide — whether the primary judge erred by limiting the operation of s 36(2A)(a) to states or state agencies
Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Migration Act 1958 (Cth) ss 36, 65, 198, 501 Migration Amendment (Complementary Protection) Bill 2011 (Cth)
Cases cited: Alcan (NT) Alumnia Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Case of Fernandes De Oliveira v Portugal [GC] no 78103/14, ECHR 2019/11 Keenan v United Kingdom (2001) 33 EHRR 38 MZAAJ v Minister for Immigration & Border Protection [2015] FCCA 151 MZAAJ v Minister for Immigration and Border Protection [2015] FCA 478 Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2; [2012] 2 All ER 381 SZDCD v Minister for Immigration and Border Protection [2019] FCA 326 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362
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