BUV18 by his Litigation Guardian v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2020] FCA 1058

BUV18 by his Litigation Guardian v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2020] FCA 1058

The Tribunal did not err in finding the impact of the new laws regulating religious practice in China to be speculative. The Tribunal lawfully preferred DFAT country information indicating tolerance in Fujian Province, and properly concluded that the appellant and his parents were unlikely to come to the authorities' attention. The claims of religious persecution and risks to care were adequately considered and rejected on the evidence, and the primary judge did not err in upholding the Tribunal's decision.

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Appeal / Judgment/final Decision
Outcome
Appeal dismissed
Legal Topics
['protection Visa' 'judicial Review' 'religious Persecution' 'country Information Assessment' 'speculation in Evidence' 'procedural Fairness']
['migration Law' 'administrative Law' 'constitutional Law' 'human Rights'] ['protection Visa' 'judicial Review' 'religious Persecution' 'country Information Assessment' 'speculation in Evidence' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Judgment/final Decision

Legal Issues

  1. 1 ['Whether the Tribunal adequately assessed evidence and country materials related to religious persecution' 'Whether the Tribunal correctly applied the real chance test in evaluating future risk of persecution' 'Whether procedural fairness and active intellectual assessment requirements were met' 'Whether the impact of new religious regulations in China was properly considered']

Ratio Decidendi

The Tribunal did not err in finding the impact of the new laws regulating religious practice in China to be speculative. The Tribunal lawfully preferred DFAT country information indicating tolerance in Fujian Province, and properly concluded that the appellant and his parents were unlikely to come to the authorities' attention. The claims of religious persecution and risks to care were adequately considered and rejected on the evidence, and the primary judge did not err in upholding the Tribunal's decision.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant's litigation guardian pay the first respondent's costs as assessed or agreed."]