FDQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1735

Federal Court of Australia

FDQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1735 Appeal from: FDQ18 v Minister for Immigration and Border Protection [2020] FCCA 83

File number: NTD 4 of 2020

Judgment of: WHITE J

Date of judgment: 2 December 2020

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – appellant refused the grant of a Safe Haven Enterprise Visa – whether Immigration Assessment Authority (IAA) decision affected by jurisdictional error because it did not consider separately the appellant's claims of apostasy and conversion to Christianity – whether IAA had failed to consider evidence concerning the appellant's Facebook profile – whether IAA had erred in the assessment of the medical treatment available to the appellant if returned to his home country – whether the IAA failed to consider the cumulative effect of the appellant's personal circumstances in his claim for complementary protection – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 5J, 36(2)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 CBN17 v Minister for Immigration and Border Protection [2018] FCA 788 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 197 ALR 389 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Minister for Immigration and Border Protection v DDK16 [2017] FCAFC 188 MZXHY v Minister for Immigration and Citizenship [2007] FCA 622 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774