ARV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 426

Federal Court of Australia

ARV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 426 Appeal from: ARV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 68

File number: NSD 1117 of 2021

Judgment of: KATZMANN J

Date of judgment: 26 April 2022

Catchwords: MIGRATION — appeal — where primary judge dismissed application for judicial review of decision of Immigration Assessment Authority to affirm decision of Minister's delegate to refuse to grant appellant a Safe Haven Enterprise visa — where appellant claimed to have been detained for three days in his country of origin for having tattoos— whether Authority failed to consider whether the appellant would suffer "significant harm" because of his tattoos for the purpose of determining whether he satisfied the complementary protection criterion in s 36(2)(aa) of Migration Act 1958 (Cth) — whether Authority failed to have regard to appellant's past detention in considering whether he was at risk of serious harm for the purpose of determining whether he satisfied the refugee criterion in s 36(2)(a) — whether Authority failed to consider appellant's claim that his detention for having tattoos was orchestrated by his former father-in-law

Legislation: Migration Act 1958 (Cth) ss 5, 5AA, 5H, 5J, 35A(3A), 36, 65, 46A, 473CA, 473DB, 474, 476, 496

Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 Baker v Minister for Immigration and Citizenship [2012] FCAFC 145 BDY18 v Minister for Immigration and Border Protection (2020) 273 FCR 170 BXK15 v Minister for Immigration and Border Protection (2018) 261 FCR 515 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088; 197 ALR 389; 73 ALD 321 FMN17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and Another (2020) 274 FCR 612 Minister for Immigration and Border Protection v BBS16 (2017) 257 FCR 111 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZAPC v Minister for Immigration and Border Protection [2021] HCA 173; 95 ALJR 441; 390 ALR 590 SZSGA v Minister for Immigration, Multicultural Affairs and Citizenship [2013] FCA 774 SZSHK v Minister for Immigration and Border Protection [2013] FCAFC 125; 138 ALD 26