BBI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1466

Federal Court of Australia

BBI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1466 Appeal from: BBI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 968

File number: NSD 538 of 2021

Judgment of: STEWART J

Date of judgment: 23 November 2021

Catchwords: MIGRATION – appeal from the Federal Circuit Court of a judicial review of a decision of the Immigration Assessment Authority under Pt 7AA of the Migration Act 1958 (Cth) – where appellant has family members who were are perceived to be involved with the LTTE in Sri Lanka or to have pro-Tamil separatist opinions – where appellant had no involvement with LTTE or in Tamil separatist activities – whether an active intellectual process was directed at the appellant's claims arising from the LTTE and separatist profiles of his family members – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 473CC

Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 BBI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 968 Carrascalao v Minister for Immigration & Border Protection [2017] FCAFC 107; 252 FCR 352 DVG17 v Minister for Immigration and Anor [2018] FCCA 3842 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 Singh v Minister for Home Affairs [2019] FCAFC 3; 267 FCR 200