CHP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1818

Federal Court of Australia

CHP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1818 Appeal from: CHP16 v Minister for Immigration & Anor [2020] FCCA 367

File number: VID 190 of 2020

Judgment of: MURPHY J

Date of judgment: 18 December 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for review of Administrative Appeals Tribunal decision not to grant appellant a protection visa – principles relevant to leave to raise fresh grounds of appeal – whether Tribunal erred by relying upon outdated or superseded country information – whether Tribunal had an unqualified obligation to search out more recent country information – whether the Tribunal misapplied the "real chance" test in deciding that the appellant did not have a well-founded fear of persecution – whether the Tribunal misconstrued and constructively failed to consider a letter of support relied upon by the appellant – whether a claim or integer of a claim that the appellant feared that he would suffer harm from anti-Shia militants when travelling on the roads clearly emerged from the materials before the Tribunal – whether Tribunal overlooked or failed to deal with essential integer of appellant's claim – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 36, 65, 499(1)

Cases cited: AKH16 v Minister for Immigration and Border Protection [2019] FCAFC 47; (2019) 269 FCR 168 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; (2016) 250 FCR 109 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 AWT15 v Minister for Immigration and Border Protection [2017] FCA 512 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; (2018) 261 FCR 503 BMP15 v Minister for Immigration [2018] FCA 1291 CGA15 v Minister for Home Affairs [2019] FCAFC 46; (2019) 268 FCR 362 Chan v Minister for Immigration and Border Protection [2018] FCA 1323 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 Hossain v Minster for Immigration and Border Protection (2018) 264 CLR 123 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Iyer v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 1788 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 317 ALR 665 Minister for Aboriginal Affairs & Another v Peko-Wallsend Ltd & Others (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship & Another v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 O'Brien v Komesaroff (1982) 150 CLR 310 SZJTQ v Minister for Immigration and Citizenship [2008] FCA 1938; (2008) 172 FCR 563 SZQBN v Minister for Immigration and Border Protection [2014] FCA 686; (2014) 226 FCR 68 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 Water Board v Moustakas (1988) 180 CLR 491