BEP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 80

FEDERAL COURT OF AUSTRALIA

BEP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 80 Appeal from: BEP19 v Minister for Immigration & Anor [2019] FCCA 2814

File number: QUD 652 of 2019

Judge: KERR J

Date of judgment: 6 February 2020

Date of publication of reasons: 7 February 2020

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – application for protection visa – complementary protection – whether primary judge incorrect in upholding a decision of the Immigration Assessment Authority in circumstances where the Authority found that the Appellant had engaged in political activities since his arrival in Australia for the purpose of strengthening his protection claims – submission no evidence to suggest that the Appellant did not also have a genuine political motivation for engaging in those activities – appeal dismissed MIGRATION – appeal from the Federal Circuit Court of Australia – application for protection visa – leave sought to advance new ground not argued in court below – risk of Appellant's social media activity related to political activities engaged in since his arrival in Australia coming to the attention of the Vietnamese authorities if he were compelled to return – insufficient merit – insufficient explanation for failure to raise ground in court below in circumstances where Appellant had been legally represented – leave refused

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

Cases cited: Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108