Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AZK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 331 Appeal from: AZK18 & Ors v Minister for Immigration & Anor [2019] FCCA 2503
File number(s): NSD 1666 of 2019
Judge(s): PERRY J
Date of judgment: 13 March 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing judicial review application of decision of Immigration Assessment Authority (IAA) affirming decision not to grant appellants safe haven visas – whether IAA erred in assessing whether appellants' fear of persecution was objectively well-founded – whether IAA's treatment of country information was inconsistent and illogical – whether IAA wrongly assumed infant appellant born in Australia was a Sri Lankan citizen - FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 distinguished – appeal dismissed PRACTICE AND PROCEDURE – leave to raise new grounds not advanced below in protection visa cases including seriousness of consequences for minor children.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 10, 35A, 36(2), 36(2A), Part 7AA Federal Court Rules 2011 (Cth)
Cases cited: BZV18 v Minister for Home Affairs [2019] FCA 1406 Craig v South Australia (1995) 184 CLR 163 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 214 CLR 496 FER17 v Minister for Immigration [2018] FCCA 3767 FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; (2010) 243 CLR 319 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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