Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CGW18 v Minister for Home Affairs [2020] FCA 1104 Appeal from: CGW18 v Minister for Home Affairs & Anor [2019] FCCA 2964
File number: WAD 600 of 2019
Judge: STEWART J
Date of judgment: 3 August 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether the Immigration Assessment Authority engaged in jurisdictional error in concluding that the appellant is not a person to whom Australia owes protection obligations under s 36(2)(a) of the Migration Act 1958 (Cth) – where appellant survivor of sexual assault – whether social stigma arising from sexual assault can amount to persecution or serious harm – whether Authority mischaracterised the particular social group by impermissibly splitting into two sub-groups without considering why the appellant might want to keep the sexual assault a secret in relation to persecutory harm – appeal allowed
Legislation: Migration Act 1958 (Cth) Pt 7AA; ss 5H, 5J, 36(2)(a) and (aa), 65 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 ESD17 v Minister for Immigration and Border Protection [2018] FCA 1716 FTQ18 v Minister for Home Affairs [2019] FCA 2025 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317 Minister for Immigration and Multicultural Affairs v Sarrazola (No 2) [2001] FCA 341; 107 FCR 184 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 R (Hoxha) v Special Adjudicator [2005] UKHL 19; [2005] 1 WLR 1063 SYLB v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 942; 87 ALD 498 SZVZL v Minister for Immigration and Border Protection [2018] FCA 1299
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