AGK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 668

FEDERAL COURT OF AUSTRALIA

AGK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 668 Appeal from: AGK17 v Minister for Immigration & Anor [2019] FCCA 1156

File number: NSD 797 of 2019

Judge: ANDERSON J

Date of judgment: 21 May 2020

Catchwords: MIGRATION – appellant applied for temporary protection visa – appellant claimed that he feared harm if returned to Pakistan because he was caught having pre-marital sex – appellant claimed that he would be subject to punishment pursuant to a decision of a local Jirga council – delegate's decision not to grant visa referred to Immigration Assessment Authority (Authority) – appellant provided copy of purported Jirga decision, with English translation (Jirga Translation), to the Authority – Jirga Translation was "new information" – Authority determined under 473DD of the Migration Act 1958 (Cth) that there were not exceptional circumstances to justify considering the Jirga Translation – whether Authority committed a jurisdictional error by failing to consider the credibility and potential importance of the Jirga Translation Held: appeal dismissed – no jurisdictional error – Authority did not fail to ask itself the correct question or apply the correct test – Authority did not fail to consider the credibility and potential importance of Jirga Translation

Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 473CA, 473DB(1), 473DC(2), 473DD, 473DD(a), 473DD(b), 473DD(b)(i), 473DD(b)(ii), 473FA

Cases cited: ABH18 v Minister for Home Affairs [2020] FCA 620 AGK17 v Minister for Immigration & Anor [2019] FCCA 1156 AQU17 v Minister for Immigration and Border Protection [2018] FCAFC 111; 162 ALD 442 AUS17 v Minister for Immigration & Anor [2017] FCCA 1986 AUS17 v Minister for Immigration and Border Protection & Anor [2020] HCATrans 55 BLR17 v Minister for Immigration and Border Protection [2019] FCA 2167 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 93 ALJR 1091; 373 ALR 196 BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958; 254 FCR 221 CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9 CHF16 v Minister for Immigration and Border Protection [2017] FCAFC 192; 162 ALD 1 CVS16 v Minister For Immigration and Border Protection [2018] FCA 951 CVV16 v Minister for Home Affairs [2019] FCA 1890 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 DLB17 v Minister for Home Affairs [2018] FCAFC 230 Maan v Minister for Immigration and Citizenship [2009] FCAFC 150; 179 FCR 581 Minister for Immigration and Border Protection v AUS17 [2019] FCA 1686 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v CQW17 [2018] FCAFC 110; 264 FCR 249 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 R v Kelly [2000] 1 QB 198 Taulahi v Minister for Immigration and Border Protection [2016] FCAFC 177; 246 FCR 146