Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FQD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 313 Appeal from: FQD18 & Ors v Minister for Home Affairs & Anor [2019] FCCA 648
File number: NSD 526 of 2019
Judge: KATZMANN J
Date of judgment: 12 March 2020
Catchwords: MIGRATION — appeal from Federal Circuit Court of Australia — reviewable decision of Immigration Assessment Authority — family of Sri Lankan Tamils who applied for Safe Haven Enterprise Visas — whether, contrary to findings of primary judge, Authority incorrectly applied, engaged in speculation and guesswork; and failed to give proper, genuine or realistic consideration to chance of appellants suffering significant harm in Sri Lanka after alleged sexual assault on one of them while in immigration detention — where Authority did not exercise discretion to request documents which might have assisted their claims — whether error was material — whether Authority failed to apply correct test to determine whether appellants faced significant risk of harm
Legislation: Migration Act 1958 (Cth) 5(1), 5J, 35A(3B), 36, 473CB, 473DA(1), 473DC, 473DD, 474(3)(b), 476(1)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091; 373 ALR 196 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 EMJ17 v Minister for Immigration and Border Protection [2018] FCA 1462 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217
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