CEH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 477

Federal Court of Australia

CEH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 477 Appeal from: CEH20 v Minister for Immigration & Anor [2020] FCCA 2509

File number: VID 498 of 2022

Judgment of: RAPER J

Date of judgment: 16 May 2023

Catchwords: MIGRATION – appeal from orders of the (former) Federal Circuit Court of Australia affirming a decision of the Administrative Appeals Tribunal affirming a decision of the delegate not to grant a protection visa – by the absence of a real chance of the appellant being persecuted in China in the foreseeable future for any of the reasons in s 5J(1)(a) of the Migration Act 1958 (Cth) such that Australia did not have protection obligations under s 36(2)(a) nor did the appellant meet the alternative criteria for complementary protection under s 36(2)(aa) – whether the primary judge failed to give active, intellectual consideration to the appellant's written submissions – whether the primary judge erred in failing to find that the Tribunal had breached s 425 of the Act – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 5J(1), 5J(1)(a), 36, 36(2)(a), 36(2)(aa), 422B, 423, 423A, 424AA, 424A, 424A(1), 424A(3), 424A(3)(a), 425, 425(1), 501 Migration Amendment (Review Provisions) Act 2007 (Cth) Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth) Migration Legislation Amendment Act (No. 1) 1998 (Cth) Explanatory Memorandum, Migration Amendment (Review Provisions) Bill 2006 Explanatory Memorandum, Migration Legislation Amendment Bill (No. 1) 1998