WZATC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1718

Federal Court of Australia

WZATC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1718 Appeal from: WZATC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3028

File number: WAD 551 of 2019

Judgment of: JACKSON J

Date of judgment: 30 November 2020

Catchwords: MIGRATION - appeal from judgment of the Federal Circuit Court of Australia - application for judicial review of a decision of the former Refugee Review Tribunal - Tribunal affirmed decision of delegate of Minister not to grant appellant a protection visa - appellant claimed before Tribunal to fear harm on return to Sri Lanka as a failed Tamil asylum seeker - Tribunal considered that appellant would not suffer discrimination under a law of general application - Tribunal found that law of general application did not intentionally impact any particular group - primary judge found these conclusions were open to the Tribunal - primary judge held that Tribunal did not misunderstand question and had correctly identified the law - no appealable error disclosed - appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36, 91R

Cases cited: Aporo v Minister for Immigration and Citizenship [2009] FCAFC 123; (2009) 113 ALD 46 Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Applicant S v Minister for Immigration and Multicultural Affairs [2004] HCA 25; (2004) 217 CLR 387 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 SZTEQ v Minister for Immigration [2015] FCAFC 39; (2015) 229 FCR 497