ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 760

Federal Court of Australia

ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 760 Appeal from: ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 228

File number(s): VID 99 of 2021

Judgment of: ANDERSON J

Date of judgment: 8 July 2021

Catchwords: MIGRATION – appellant is a citizen of Pakistan – claimed to fear harm, including death, assault, harassment and discrimination on account of his religion – claims were accepted by the Tribunal MIGRATION – ground 1 – whether Federal Circuit Court fell into error by failing to find that the Tribunal misapprehended or misapplied test in relation to "complementary protection" – no error – ground dismissed MIGRATION – ground 2 – whether the Federal Circuit Court fell into error by failing to find that the decision of the Tribunal was affected by apprehended bias – no error – ground dismissed

Legislation: Migration Act 1958 (Cth), ss 5(1), 36(1C), 36(2)(aa), 36(2A)(d), 36(2A)(e)

Cases cited: 1820814 (Refugee) [2019] AATA 1632 ALO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 228 BYX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 41 CNY17 v Minister for Immigration [2019] HCA 50 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 FSG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 29 Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438 Isbester v Knox City Council (2015) 255 CLR 135 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 11 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 Webb v The Queen (1994) 181 CLR 41