AHS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 316

Federal Court of Australia

AHS17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 316 Appeal from: AHS17 v Minister for Immigration & Anor [2020] FCCA 1011

File number(s): NSD 554 of 2020

Judgment of: BROMWICH J

Date of judgment: 5 April 2023

Date of publication: 6 April 2023

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia, now Division 2 of the Federal Circuit and Family Court of Australia, dismissing an application for judicial review of a decision of the Immigration Assessment Authority (IAA) – where the IAA affirmed a decision of a delegate of the Minister to refuse the appellant Safe Haven Enterprise Visa – whether the IAA failed to consider the appellant's claim that his scars would expose him to the authorities and thereby cause the him to face a real chance of serious harm – whether the IAA failed to consider whether the appellant would be at any risk deriving from a failure to pay a fine that will be imposed on him on his return to Sri Lanka as a failed asylum seeker who departed the country illegally – whether the primary judge erred in failing to detect such errors – Held: appeal dismissed, no error on the part of the primary judge

Legislation: Migration Act 1958 (Cth) Pt 7AA; ss 5AAA, 473CC, 473DB(1), 473DC, 473DC(2), 473DC(3)

Cases cited: BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189; 281 FCR 594 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 268 CLR 29 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CMP19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 634 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; 258 FCR 551 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 QJYD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 962