EVQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1308

Federal Court of Australia

EVQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1308 Appeal from: EVQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 249

File number: NSD 274 of 2021

Judgment of: NICHOLAS J

Date of judgment: 28 October 2021

Catchwords: MIGRATION – refusal of application for protection visa – issue as to whether appellant could relocate to avoid harm that may be inflicted by deceased roommate's family – whether Tribunal was required to consider appellant's religion and ethnicity for the purpose of assessing whether the appellant could be tracked down in any part of India – whether claim that appellant's religion and ethnicity made it easier to track him down was a claim or issue that clearly emerged from the material before the Tribunal which it was bound to consider – whether primary judge erred in finding no jurisdictional error Held: No error by primary judge; appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5J(1)(c), 36(2)(aa), 65

Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1 SZTSC v Minister for Immigration and Border Protection [2017] FCA 1032

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights