CRG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1567

Federal Court of Australia

CRG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1567 Appeal from: CRG17 v Minister for Immigration & Anor [2020] FCCA 531

File number(s): NSD 401 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 22 December 2022

Catchwords: MIGRATION — appeal from decision of the Federal Circuit Court of Australia to dismiss application for judicial review of a decision to refuse to grant a Safe Haven Enterprise visa — whether Authority failed to consider seriousness of threats underlying extortion demands that the appellant might face on returning to Sri Lanka — whether threat of harm can constitute serious harm under Migration Act 1958 (Cth) — whether Authority conflated refugee protection criteria and complementary protection criteria — appeal allowed — writs of certiorari and mandamus issued

Legislation: Migration Act 1958 (Cth) ss 5H(1), 5J, 35A, 36, 473CA, 473CB, 473CC, 473DD and 476 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth), Sch 5, item 7 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Opened for signature 10 December 1984. 1465 UNTS 85. (entered into force 26 June 1987) Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137. (entered into force 22 April 1954) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966. 999 UNTS 171. (entered into force 23 March 1976) Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267. (entered into force 4 October 1967)