AFB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 299

Federal Court of Australia

AFB20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 299 Appeal from: AFB20 v Minister for Immigration [2021] FCCA 1862

File number: NSD 934 of 2021

Judgment of: SNADEN J

Date of judgment: 30 March 2022

Catchwords: MIGRATION – applicant's visa cancelled on character grounds – applicant subsequently applied for protection visa – application for protection visa rejected by delegate of first respondent – application for review of delegate's decision before second respondent ("Tribunal") – Tribunal affirmed delegate's decision – application for judicial review of Tribunal decision before Federal Circuit Court of Australia ("FCCA") – application dismissed – appeal from FCCA judgment – appellant alleged that Tribunal erred by failing to consider contention that he faced risk of significant harm if returned to home country on account of mental health problems – no such contention advanced before Tribunal – Tribunal not obliged to consider risk of harm on account of mental health – primary judge so found – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 501

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 DQM18 v Minister for Home Affairs (2020) 278 FCR 529 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 96 ALJR 13 NABE v Minister for Immigration and Multicultural Affairs (No 2) (2004) 144 FCR 1 Navoto v Minister for Home Affairs [2019] FCAFC 135