BUV18 by his Litigation Guardian v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2020] FCA 1058

FEDERAL COURT OF AUSTRALIA

BUV18 by his Litigation Guardian v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2020] FCA 1058 Appeal from: BUV18 by his Litigation Guardian (Personal Identifier: PID0077567911) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3649

File number(s): NSD 20 of 2020

Judge(s): BROMWICH J

Date of judgment: 24 July 2020

Catchwords: MIGRATION – appeal from orders by Federal Circuit Court of Australia – refusal to grant protection visa – whether evidence and country material assessed by Administrative Appeals Tribunal in a real and active way – whether fear of persecution speculative – whether primary judge lawfully found that appellant would not be placed in care or restricted in religious practice – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5J(3)(c)(i), 5J(5), 424

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Plaintiff B9/2014 v Minister for Immigration and Border Protection (No 2) [2015] FCAFC 27 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Wang v Minister for Immigration and Multicultural Affairs [2000] FCA 1599; 105 FCR 548