CTE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 759

Federal Court of Australia

CTE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 759 Appeal from: CTE16 v Minister for Immigration & Anor [2019] FCCA 1808

File number(s): VID 794 of 2019

Judgment of: KENNY J

Date of judgment: 7 July 2021

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority – leave to raise new grounds refused as no utility and insufficient merit – no failure by the Authority to deal with forced confession claim and most recent country information – no legal unreasonableness in finding the applicant was no longer of significant interest to authorities – no failure to deal with claim to fear harm as a failed asylum seeker who departed illegally – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 473CB, 473DD, 473EA

Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; 256 FCR 593 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; 261 FCR 503 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DIJ16 v Minister for Home Affairs [2019] FCA 1038 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 EGY18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 796 ETA067 v Republic of Nauru [2018] HCA 46; 92 ALJR 1003 Minister for Immigration & Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; 257 FCR 111 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77; 228 CLR 470 SZUEP v Minister for Immigration and Border Protection [2017] FCAFC 94 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 158; 238 FCR 588