Federal Court of Australia
Federal Court of Australia
CIM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 679 Appeal from: CIM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 571
File number: VID 457 of 2022
Judgment of: SNADEN J
Date of judgment: 23 June 2023
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") – where appellant claimed fear of harm due to political links to the Liberation Tigers of Tamil Eelam – where appellant claimed fear of harm due to status as unlawful emigrant – whether IAA failed to consider appellant's risk of harm – consideration of report authored by the Department of Foreign Affairs and Trade – whether reasons sufficiently addressed materials before it – whether failure to obtain "new information" amounts to jurisdictional error – whether "real chance" or "real risk" of harm sufficiently apprehended or product of legal unreasonableness – whether letter of support given insufficient weight – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 5AA, 36, 473DC, pt 7AA
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 CIM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 571 EXT20 v Minister for Home Affairs (2022) 291 FCR 55 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Immigration and Citizenship v SZIAI (2009) 111 ALD 15 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister of State for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Plaintiff M1/2021 v Minister for Home Affairs (2022) 178 ALD 304 STKB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 251
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