BUO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1548

Federal Court of Australia

BUO17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1548 Appeal from: BUO17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 398

File number(s): VID 356 of 2022

Judgment of: ANDERSON J

Date of judgment: 7 December 2023

Catchwords: MIGRATION – appeal from decision of primary judge affirming decision of the Administrative Appeals Tribunal (Tribunal) to refuse the applicant a protection visa – where the Tribunal rejected the applicant's claims to apprehend violence from a former husband – whether the Tribunal's reasoning was illogical or irrational because it failed to characterise claims as involving "related family violence" –whether the Tribunal failed to actively and intellectually engage with the applicant's claims – no error identified on appeal – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 65 Migration Regulations 1994 (Cth) reg 1.21

Cases cited: CED15 v Minister for Immigration and Border Protection [2018] FCA 451 ELA18 v Minister for Home Affairs [2019] FCA 1482 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497 Singh v Minister for Immigration and Border Protection and Anor (2018) 261 FCR 556 Sok v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 144 FCR 170 SZSZW v Minister for Immigration and Border Protection [2015] FCA 562