ANR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 155

FEDERAL COURT OF AUSTRALIA

ANR17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 155 Appeal from: ANR17 v Minister for Immigration, Citizenship & Multicultural Affairs [2019] FCCA 419

File number: WAD 245 of 2019

Judge: JACKSON J

Date of judgment: 20 February 2020

Catchwords: MIGRATION - appeal from Federal Circuit Court of Australia - application for judicial review - decision of Immigration Assessment Authority - protection visa - failure to consider integer of claim - whether appellant would engage in political activity in future if returned to Vietnam - claim supported by probative material - appeal allowed

Legislation: Migration Act 1958 (Cth) ss 65, 473CB, 473CC, 473DB, 473DC, 473DD

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114; (2018) 261 FCR 35 ETA067 v The Republic of Nauru [2018] HCA 46; (2018) 360 ALR 228 FIG17 v Minister for Home Affairs [2019] FCA 1105 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Water Board v Moustakas (1988) 180 CLR 491