EMZ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1052

Federal Court of Australia

EMZ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1052 Appeal from: EMZ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 9

File number: SAD 182 of 2021

Judgment of: BESANKO J

Date of judgment: 8 September 2023

Catchwords: MIGRATION — appeal from an order made by the Federal Circuit Court of Australia dismissing the appellant's application for judicial review of a decision made by the Immigration Assessment Authority (the Authority) — where the Authority affirmed a decision of a delegate of the Minister not to grant the appellant a protection visa — where the appellant claims protection on the basis that he would suffer persecution involving serious harm in Sri Lanka by reason of his membership of a social group, being persons who suffer from a severe mental illness — where the Authority found that the appellant did not face a real risk of harm as a result of his mental illness — consideration of AJZ17 v Minister for Home Affairs [2019] FCA 1485 — whether the Authority erred because it focussed on the appellant's behaviour and not on the behaviour of his likely or possible 'persecutors' — consideration of scope of review by the Court of Authority's assessment and use of country information — whether the Authority failed to consider all of the available country information or selected the material which favoured the conclusions it reached or reached conclusions that were illogical or irrational — appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 473DC

Cases cited: AJZ17 v Minister for Home Affairs [2019] FCA 1485 Applicant S v Minister for Immigration and Multicultural Affairs [2004] HCA 25; (2004) 217 CLR 387 Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19; (2000) 201 CLR 293 CSV15 v Minister for Immigration and Border Protection [2018] FCA 699 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Ibrahim [2000] HCA 55; (2000) 204 CLR 1 Minister for Immigration and Multicultural Affairs v Israelian [2001] HCA 30; (2001) 206 CLR 323 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Ram v Minister for Immigration and Ethnic Affairs (1995) 57 FCR 565