FMS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 293

FEDERAL COURT OF AUSTRALIA

FMS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 293 Appeal from: FMS17 v Minister for Immigration & Anor [2019] FCCA 1701

File number: NSD 1409 of 2019

Judge: YATES J

Date of judgment: 11 March 2020

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court - review of Immigration Assessment Authority decision – no jurisdictional error

Legislation: Migration Act 1958 (Cth) ss 5H(1), 36(2)(a), s36(2)(aa), 473DD

Cases cited: Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421

Date of hearing: 10 February 2020

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 36

Counsel for the Appellant: The Appellant appeared in person, with the aid of an interpreter

Counsel for the Respondents: Ms N Laing

Solicitor for the Respondents: Australian Government Solicitor

ORDERS NSD 1409 of 2019

BETWEEN: FMS17 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

IMMIGRATION ASSESSMENT AUTHORITY Second Respondent

JUDGE: YATES J DATE OF ORDER: 11 MARCH 2020

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

YATES J:

INTRODUCTION 1 The appellant applied for a Safe Haven Enterprise visa (the visa). A delegate of the first respondent, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister), decided that the application should be refused because the delegate was not satisfied that the appellant was a "refugee" as defined by s 5H(1) of the Migration Act 1958 (Cth) (the Act) and, therefore, not a person in respect of whom Australia has protection obligations under either s 36(2)(a) or s 36(2)(aa) of the Act. 2 The decision was referred to the second respondent, the Immigration Assessment Authority (the IAA), for review. On 30 November 2017, the IAA affirmed the delegate's decision. 3 The appellant sought judicial review of the IAA's decision in the Federal Circuit Court of Australia (the Federal Circuit Court). The Federal Circuit Court dismissed the application for judicial review. The appellant now appeals to this Court against that judgment.