Federal Court of Australia
Federal Court of Australia
CAY16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 481 Appeal from: CAY16 v Minister for Immigration [2020] FCCA 1423
File number: NSD 676 of 2020
Judgment of: PERRAM J
Date of judgment: 18 May 2023
Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing judicial review application – where Immigration Assessment Authority ('Authority') affirmed delegate's decision to refuse protection visa – where Authority found that Appellant does not have a well-founded fear of persecution – whether Authority required to consider whether Appellant may modify conduct due to fear of harm
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 DQU16 v Minister for Home Affairs [2021] HCA 10; 273 CLR 1 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of hearing: 11 May 2023
Counsel for the Appellant: Mr R Chia
Counsel for the First Respondent: Mr N Swan
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: The Second Respondent filed a submitting notice
ORDERS NSD 676 of 2020
BETWEEN: CAY16 Appellant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
IMMIGRATION ASSESSMENT AUTHORITY Second Respondent
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