FFQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 496

Federal Court of Australia

FFQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 496 Appeal from: FFQ18 v Minister for Immigration & Anor [2020] FCCA 1730

File number(s): WAD 158 of 2020

Judgment of: MCELWAINE J

Date of judgment: 22 May 2023

Catchwords: MIGRATION – Appeal from a decision of the Federal Circuit Court of Australia – whether primary judge failed to find that Immigration Assessment Authority misunderstood or misapplied s 36(2)(a) and (aa) of the Migration Act 1958 (Cth) because it did not assess the risk of future generalised violence – whether appellant faced a real chance of serious harm or a real risk of significant harm – where there was evidence of the security situation deteriorating – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J(1), 36(2)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido (2019) 271 FCR 595; [2019] FCAFC 132 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 DFO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 38 DQU16 v Minister for Home Affairs (2021) 273 CLR 1; [2021] HCA 10 EGY18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 796 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211; [2012] FCAFC 147 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505; [2013] FCAFC 33