DVD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 332

FEDERAL COURT OF AUSTRALIA

DVD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 332 Appeal from: Application for a Constitutional writ: DVD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 1960

File number(s): NSD 1232 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 appellant a safe haven visa – where failure by FCC following ex tempore decision to publish written reasons until after expiry of the appeal period despite observations in CQX18 v Minister for Home Affairs [2019] FCAFC 386 - where FCC wrongly held mere identification by IAA of an integer of a claim to fear harm was sufficient - whether IAA failed to consider claim to fear harm by reason of appellant's campaign to close an army facility as a stand-alone claim – whether claim arose squarely on material before the IAA or was made only as an integer of a claim to fear harm by reason of imputed political opinion – whether finding on particular claim subsumed into findings of greater generality – whether IAA failed to engage intellectually with the requirements of s 473DD with respect to new information – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 35A, 36(2), 36(2A), Part 7AA

Cases cited: BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; (2017) 254 FCR 221 BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44 (BYA17) Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 CQX18 v Minister for Home Affairs [2019] FCAFC 386 CTY15 v Minister for Immigration and Border Protection [2019] FCA 197; 163 ALD 590 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 214 CLR 496 EPT17 v Minister for Immigration [2019] FCA 570 Iyer v Minister for Immigration & Multicultural Affairs [2000] FCA 1788 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136; (2017) 254 FCR 534 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 NABE v Minister for Immigration and Multicultural 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 M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593