DUP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1063

Federal Court of Australia

DUP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1063 Appeal from: DUP16 v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 2710

File number: WAD 531 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 6 September 2021

Catchwords: MIGRATION - protection visa - whether failure to consider claim - whether findings open on the evidence - where country information to effect that receiving country would not receive involuntary returnee - where Immigration Assessment Authority satisfied visa applicant would not be returned involuntarily - whether Authority erred by considering claims in context of any voluntary return

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65, 189, 196, 473CA, 473CB, 473DB, Part 7AA

Cases cited: BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 CLS15 v Federal Circuit Court of Australia [2017] FCA 577 DFA18 v Minister for Home Affairs [2019] FCCA 258 EYJ17 v Minister for Immigration and Border Protection [2019] FCA 347 Kassem v Minister for Home Affairs [2019] FCA 1196; (2019) 271 FCR 1 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BFW20 by his Litigation Representative BFW20A [2020] FCAFC 121; (2020) 279 FCR 475 Minister for Immigration and Border Protection v Le [2016] FCAFC 120; (2016) 244 FCR 56 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; (2014) 220 FCR 1