CIW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1133

Federal Court of Australia

CIW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1133 Appeal from: CIW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 572

File number(s): VID 454 of 2022

Judgment of: ROFE J

Date of judgment: 25 September 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of a decision of the Immigration Assessment Authority – whether Authority failed to consider relevant material relating to the abuse of human rights in Sri Lanka – whether Authority failed to consider whether the appellant would face a real chance of persecution or significant harm upon return to Sri Lanka – whether the Authority erred in failing to exercise its discretion under s 473DC of the Migration Act 1958 (Cth) – whether Authority misapplied the "real chance" test – no jurisdictional error found – appeal dismissed

Legislation: Migration Act 1958 (Cth) Immigrants and Emigrants Act 1949 (Sri Lanka)

Cases cited: ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 256 FCR 593 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 DYK16 v Minister for Immigration and Border Protection (2018) 267 FCR 69 FBR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1630 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429