ADA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 371

Federal Court of Australia

ADA18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 371 Appeal from: ADA18 v Minister for Home Affairs & Anor [2020] FCCA 2051

File number: NSD 944 of 2020

Judgment of: ALLSOP CJ

Date of judgment: 16 April 2021

Catchwords: MIGRATION – protection visa – appeal from decision of the Federal Circuit Court of Australia – application for judicial review of a decision of the Administrative Appeals Tribunal (AAT) – where AAT affirmed decision of first respondent to refuse application for a protection visa – whether the primary judge erred in finding that the AAT did not fail to consider and deal with an essential element of the appellant's claims – whether the primary judge erred in finding that the AAT did not fail to consider the appellant's claim that she had a well-founded fear of persecution as a member of a particular social group – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 36(2A), 65 Federal Court Rules 2011 (Cth) r 40.02(b)

Cases cited: AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 BGN16 v Minister for Home Affairs [2019] FCA 78 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 ESQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 44 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 233 FCR 136 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1