Federal Court of Australia
Federal Court of Australia
AIJ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1617 Appeal from: AIJ17 v Minister for Immigration and Anor [2019] FCCA 2932
File number(s): VID 1197 of 2019
Judgment of: DAVIES J
Date of judgment: 14 December 2021
Date of publication of reasons: 21 December 2021
Catchwords: MIGRATION – appeal against decision of the Federal Circuit Court of Australia (FCC) dismissing application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision not to grant a protection visa – where appellant was a teacher in Pakistan teaching girls and supporting co-education – whether the Tribunal misapplied the chance of serious harm/risk test – whether the Tribunal expressly and directly engaged with the appellant's personal circumstances or as part of a subset of a larger group (teachers) – no error in approach – appeal dismissed APPEALS – application for leave to file an amended notice of appeal – new grounds of appeal do not have sufficient merit to warrant a grant of leave – application for leave refused
Legislation: Migration Act 1958 (Cth) s 65
Cases cited: VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 10
Date of hearing: 14 December 2021
Counsel for the Appellant: Mr P Jeffreys
Solicitor for the Appellant: Carina Ford Immigration Lawyers
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