BAB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 342

Procedural Posture

Migration Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of a Decision of the Immigration Assessment Authority Affirming Refusal of a Safe Haven Enterprise Visa / Appeal to the Federal Court of Australia

Legal Issues

1. 1 ['Whether the Immigration Assessment Authority made jurisdictional error by failing to assess evidence that the appellant had limited his anti-regime political activity in Iran because of fear of punishment and by failing to apply s 5J(3) of the Migration Act 1958 (Cth).' 'Whether the Authority failed to address a claim that a tattoo of a Christian cross would cause the Iranian authorities to impute apostasy or conversion to Christianity to the appellant.' 'Whether the Authority erred by relying on statements in the 2016 DFAT Report about tattoos with Christian symbols when the 2018 DFAT Report replaced the previous report and did not contain those statements.']

Ratio Decidendi

No jurisdictional error was shown. Section 5J(3) did not arise because the Authority made an open finding that the appellant had no intention or genuine desire to engage in political activity in Iran beyond protests akin to those in 2009 or to express dissatisfaction with the regime more forcefully than in the past, and also found only a remote chance of harm for participation in that kind of mass protest. The Authority understood and addressed the claim concerning a tattoo with Christian symbols and imputed apostasy. It was also entitled to rely on the 2016 DFAT Report because the 2018 DFAT Report was considered, was silent on tattoos, and contained no statement inconsistent with the...

Court Disposition

Appeal dismissed.

Orders

• ['The appeal be dismissed.']