FDX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1232

Federal Court of Australia

FDX19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1232 Appeal from: FDX19 v Minister for Immigration [2020] FCCA 2629

File number: NSD 1117 of 2020

Judgment of: BROMWICH J

Date of judgment: 13 October 2021

Catchwords: MIGRATION – appeal from a decision of a judge of the Federal Circuit Court of Australia to affirm a decision of the Administrative Appeals Tribunal not to grant the first, third and fourth appellants protection visas – where the four appellants are a husband and wife, and their adult son and daughter respectively – whether primary judge erred in ruling that the Tribunal's failure to consider the risk of deterioration in the tolerance of the Islamic practise to which the appellants subscribed did not give rise to any jurisdictional error – whether primary judge erred in ruling that the Tribunal's failure to consider aspects of the evidence of one of the appellants' witnesses did not give rise to any jurisdictional error – whether primary judge erred in ruling that the Tribunal's finding of no real chance that the appellant wife would be subject to sexual assault in the future if returned to Indonesia did not give rise to any jurisdictional error – held: appeal dismissed.

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 25

Date of hearing: 13 August 2021