CFU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1107

Federal Court of Australia

CFU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1107 Appeal from: CFU17 v Minister for Immigration [2020] FCCA 3364

File number(s): NSD 17 of 2021

Judgment of: MORTIMER CJ

Date of judgment: 15 September 2023

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia (FCC) – where FCC dismissed application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision to refuse to grant a protection visa – where Tribunal not satisfied that appellant faced serious or significant harm on the basis of being HIV positive – whether Tribunal decision was affected by jurisdictional error for failure to perform its statutory task by considering country information – whether Tribunal decision was affected by jurisdictional error for failure to consider an integer of the appellant's claims – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36

Cases cited: ADU18 v Minister for Home Affairs [2020] FCA 366 ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 BKQ16 v Minister for Immigration and Border Protection [2019] FCA 40; 163 ALD 127 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 CCU21 v Minister for Home Affairs [2023] FCAFC 87 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Nathanson v Minister for Home Affairs [2022] HCA 26; 403 ALR 398