DQU16 v Minister for Home Affairs [2020] FCA 518

FEDERAL COURT OF AUSTRALIA

DQU16 v Minister for Home Affairs [2020] FCA 518 Appeal from: DQU16 & Ors v Minister for Immigration & Anor [2017] FCCA 1818

File number: NSD 584 of 2018

Judge: REEVES J

Date of judgment: 22 April 2020

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia upholding a decision of the Immigration Assessment Authority (the Authority) – where the first appellant worked as an alcohol seller in Iraq – where the Authority considered why the appellant would, or would not, modify his behaviour to avoid harm if returned to Iraq – whether the Authority was required to assess whether the harm that would be avoided amounted to "significant harm" – whether the primary judge failed to identify jurisdictional error by the Authority – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473; [2013] HCA 71 CTY15 v Minister for Immigration and Border Protection [2019] FCA 197 DQU16 & Ors v Minister for Immigration & Anor [2017] FCCA 1818 DQU16 v Minister for Home Affairs [2018] FCA 1695 Minister for Immigration and Border Protection v BBS16 (2107) 257 FCR 111; [2017] FCAFC 176 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317; [2014] HCA 45 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211; [2012] FCAFC 147 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Convention Relating to the Status of Refugees 1951