DBD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 30

Federal Court of Australia

DBD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 30 Appeal from: DBD16 v Minister for Immigration & Anor [2020] FCCA 1249

File number: WAD 121 of 2020

Judgment of: MCKERRACHER J

Date of judgment: 29 January 2021

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal refusing the grant of a Safe Haven Enterprise visa – where appellant fears return to Bangladesh due to his conversion from Islam to Christianity while in Australia – where appellant's specific claim concerned the risk of harm based on his imputed conversion – where the Tribunal focussed instead on the genuineness of the appellant's conversion – whether the Tribunal asked the wrong question or failed to ask the correct question

Legislation: Migration Act 1958 (Cth) ss 5J, 5J(6), 65, 36, 412

Cases cited: 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 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609; (2008) 49 AAR 77 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 Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 SBAW v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 515 SBXC v Minister for Immigration and Multicultural and Indigenous Affairs [2007] FCA 19 SZUTM v Minister for Immigration and Border Protection [2016] FCA 45; (2016) 241 FCR 214