Federal Court of Australia
Federal Court of Australia
EGQ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 225 Appeal from: EGQ17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 582
File number(s): VID 455 of 2022
Judgment of: O'BRYAN J
Date of judgment: 16 March 2023
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Immigration Assessment Authority (IAA) affirmed a decision of a delegate of the Minister refusing to grant a safe haven enterprise visa – where Federal Circuit Court dismissed the appellant's application for review of the IAA's decision – whether IAA failed to consider whether there was a real chance the appellant may suffer serious or significant harm while in detention – whether the IAA's decision was unreasonable in not accepting that the applicant may be perceived as having close family links to the Liberation Tigers of Tamil Eelam – appeal dismissed
Legislation: Constitution, s 75(v) Federal Court of Australia Act 1976 (Cth), s 24(1)(d) Migration Act 1958 (Cth), ss 36(2)(a), 46A(2), Pt 7AA, ss 476, 501CA Immigrants and Emigrants Act 1949 (Sri Lanka), ss 34, 45(1)(b)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 BFH16 v Minister for Immigration and Border Protection (2020) 274 FCR 532 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Minister for Immigration and Border Protection v DDK16 [2017] FCAFC 188 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration v Li (2013) 249 CLR 332 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 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15; 399 ALR 644 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 287 FCR 328 W352 v Minister for Immigration and Multicultural Affairs [2002] FCA 398
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