ATL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 770

Federal Court of Australia

ATL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 770 Appeal from: ATL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 14

File number(s): VID 548 of 2021

Judgment of: MCELWAINE J

Date of judgment: 7 July 2023

Catchwords: MIGRATION – appeal from primary judge's decision in Federal Circuit Court affirming a decision of the Immigration Assessment Authority to affirm the refusal of a Safe Haven Enterprise Visa – whether primary judge misconstrued, misunderstood or misapplied what is meant by membership of a particular social group at s 5L of the Migration Act 1958 (Cth) – whether "wealthy Tamil land owners who acted contrary to the interests of powerful politicians" is a particular social group – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5J 5L, 36 Federal Court Rules 2011 (Cth) r 36.01

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 ATL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 14 Bahonko v Sterjov (2008) 166 FCR 415; [2008] FCAFC 30 Chen Shi Hai v Minister for Immigration and Multicultural Affairs (2000) 201 CLR 293; [2000] HCA 19 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Huber v CellOS Software Ltd (in liq) (No 2) [2023] FCA 459 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497; [2022] HCA 17