BRQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1044

Federal Court of Australia

BRQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1044 Appealed from: BRQ17 v Minister for Immigration and Border Protection [2021] FedCFamC2G 177

File number: VID 676 of 2021

Judgment of: ANDERSON J

Date of judgment: 8 September 2022

Catchwords: MIGRATION – whether the Immigration Assessment Authority (Authority) erred by finding that the Appellant had been dishonest and inconsistent in his claims and whether such a finding was unreasonable, or constituted a failure to properly consider relevant information or a failure to discharge its task – whether the Authority erred by failing to consider the Appellant's claim to face harm as an apostate – whether the Authority erred by failing to correctly assess whether the Appellant faced a "real chance" of harm in the foreseeable future in his home region – where no error found – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; (2018) 266 FCR 83 BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189 BMA16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1938 BRQ17 v Minister for Immigration and Border Protection [2021] FedCFamC2G 177 BYX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 41 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CXB20 v Minister for Home Affairs [2020] FCA 1667 DQU16 v Minister for Home Affairs [2021] HCA 10; 95 ALJR 352 Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559