BGV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 22

Federal Court of Australia

BGV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 22 Appeal from: BGV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3014

File number: NSD 1 of 2021

Judgment of: MARKOVIC J

Date of judgment: 24 January 2023

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the second respondent (Authority) – whether the Authority erred by failing to consider the consequences that may befall the appellant were he to return to Iran irregularly in circumstances where the appellant departed from Iran using a fraudulent passport and has no right of return as a stateless, unregistered Faili Kurd – whether the Authority was required to consider whether the appellant may face harm by reason of returning irregularly – where the appellant did not raise that claim before the Authority – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36(2)(a), s 36(2)(aa)

Cases cited: AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 BGV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3014 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff M1-2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Taiem v Minister for Immigration and Multicultural Affairs [2001] FCA 611; 186 ALR 361