COQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1438

Federal Court of Australia

COQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1438 Appeal from: COQ16 v Minister for Immigration & Anor and COK16 v Minister for Immigration & Anor [2020] FCCA 2713

File numbers: VID 697 of 2020 VID 699 of 2020

Judgment of: O'BRYAN J

Date of judgment: 19 November 2021

Catchwords: MIGRATION – claim for protection grounded on claim of being harmed and fear of harm because of suspected connection with the Liberation Tigers of Tamil Eelam – refusal to grant protection visas under section 65 of the Migration Act 1958 (Cth) – refusal upheld by Administrative Appeals Tribunal – application for review dismissed by Federal Circuit Court of Australia – appeals dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1)(d) Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 65, 424(1), 427(1)(d), 476

Cases cited: Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Minister for Immigration, Multicultural and Indigenous Affairs v SGLB (2004) 78 ALD 224 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476