Recent Cases

AOS18 v Minister for Immigration and Border Protection [2019] FCAFC 140 (19 August 2019) (McKerracher, Banks-Smith and Colvin JJ)


MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – where the primary judge dismissed an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority erred in failing to consider whether the appellant’s claims of harm for non-Convention reasons gave rise to complementary protection obligations – where the factual basis for the appellant’s Convention and complementary protection claims were the same – where the basis for the Authority’s rejection of the Convention claims could be relied upon to reject the complementary protection claims – consideration of CDY15 v Minister for Immigration and Border Protection [2018] FCA 175 – relevance of past harm to the assessment of whether an applicant faces a real risk of suffering significant harm in the future – no jurisdictional error by the Authority – no appellable error by the primary judge