AFO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1722

Federal Court of Australia

AFO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1722 Appeal from: AFO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3270

File number: WAD 599 of 2019

Judgment of: COLVIN J

Date of judgment: 30 November 2020

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed decision to refuse appellant's application for protection visa - whether failure by primary judge to listen to evidence - where appellant claimed Tribunal member was biased on basis of demeanour during hearing - whether failure by primary judge to consider financial situation if appellant required to relocate within Pakistan - whether failure by primary judge to listen to arguments about threats and harms - whether primary judge pre-determined application by delivery of ex tempore reasons - appeal dismissed

Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; (2015) 231 FCR 452 ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 AXL16 v Minister for Border Protection [2018] FCA 208 BDQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 492 BKL15 v Minister for Immigration and Border Protection [2016] FCA 802; (2016) 241 FCR 450 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 Cesan v The Queen [2008] HCA 52; (2008) 236 CLR 358 Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112; (2019) 270 FCR 335 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46; (2018) 259 FCR 1 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 DKX17 v Federal Circuit Court of Australia [2019] FCAFC 10; (2019) 268 FCR 64 Hamod v State of New South Wales [2011] NSWCA 375 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 James Cook University v Ridd [2020] FCAFC 123 Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53; (2019) 269 FCR 464 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507 NADH of 2001 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 328 Re JRL; Ex parte CJL (1986) 161 CLR 342 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146 SZVCP v Minister for Immigration and Border Protection [2016] FCAFC 24; (2016) 238 FCR 15 Western Australia v Ward [2002] HCA 28; (2002) 213 CLR 1 Yaacoub v Minister for Immigration and Border Protection [2018] FCAFC 39