BZW16 v Minister for Immigration and Border Protection [2019] FCA 395

Procedural Posture

Migration – Protection (class Xa) Visa / Appeal From the Federal Circuit Court of Australia Dismissing an Application for Judicial Review of a Tribunal Decision Affirming Refusal of a Protection Visa

Legal Issues

1. 1 ["Whether the Federal Circuit Court erred in failing to find jurisdictional error in the Tribunal's decision" "Whether the Tribunal took into account an irrelevant consideration by treating the appellant's willingness and ability to obtain identity documents in Malaysia as relevant to whether he feared harm in Malaysia" 'Whether interactions with Malaysian authorities in obtaining identity documents were relevant to whether the appellant was a person of interest to those authorities or had a well-founded fear of persecution']

Ratio Decidendi

The appellant's interaction with Malaysian authorities for the purpose of renewing an identity card and obtaining a passport without detrimental treatment was not an irrelevant consideration, or was at least evidence relevant to the broader consideration of risk of harm. The primary judge did not err in concluding that the Tribunal could take those matters into account when assessing whether the appellant feared harm from Malaysian authorities or was a person of interest to them. The additional matters raised by the appellant had no demonstrated prospect of success and did not establish jurisdictional error.

Court Disposition

Appeal dismissed

Orders

• ['The appeal is dismissed.' "The appellant pay the first respondent's costs of the appeal"]