BLF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 55

FEDERAL COURT OF AUSTRALIA

BLF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 55 Appeal from: BLF16 v Minister for Immigration and Border Protection [2019] FCCA 1503

File number: NSD 1055 of 2019

Judge: GRIFFITHS J

Date of judgment: 6 February 2020

Catchwords: MIGRATION – whether the primary judge erred in not finding that the Administrative Appeals Tribunal failed to consider an integer of the appellant's claim – whether the primary judge erred in finding that the appellant had not claimed that the fact of his membership of a political party increased his risk of harm

Cases cited: BLF16 v Minister for Immigration and Border Protection [2019] FCCA 1503

Date of hearing: 3 February 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 25

Counsel for the Appellant: Mr D Godwin

Solicitor for the Appellant: Brett Slater Solicitors

Counsel for the Respondents: Mr T Reilly

Solicitor for the Respondents: Mills Oakley

ORDERS NSD 1055 of 2019

BETWEEN: BLF16 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: GRIFFITHS J DATE OF ORDER: 6 FEBRUARY 2020

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs, as agreed or taxed. 3. The name of the first respondent be changed to Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.