Cki15 v Minister for Immigration and Border Protection

This matter came before Blake J of the Federal Court of Australia concerning an application for review by an applicant, a citizen of Sri Lanka of Sinhalese ethnicity, against the Minister for Immigration and Border Protection. The applicant arrived in Australia as an unauthorised maritime arrival and subsequently applied for a visa. His application was refused by a delegate of the Minister, who found that the applicant did not meet the criteria under subsections 36(2)(a) or (aa) of the *Migration Act 1958* and clauses 866.221(2) and 866.221(4) of Schedule 2 of the *Migration Regulations 1994*. The applicant then applied to the Refugee Review Tribunal for a review of this decision. The Tribunal affirmed the delegate's decision, leading to the applicant filing an application for review in the Federal Court.

The applicant's sole ground of review alleged that the Administrative Appeals Tribunal (AAT) erred in law by failing to consider evidence relating to his individual circumstances and the significant harm he claimed he would suffer from Sri Lankan authorities upon return. He contended that he provided evidence suggesting he would face harm and persecution from government authorities as a failed asylum seeker, and that those who had previously harmed him would do so again. The applicant asserted that this evidence, which he believed supported his claims of harm and persecution, was not considered by the Tribunal.

Blake J dismissed the application for review. The Court noted the extensive procedural history of the matter, including delays attributed to various factors such as the applicant's change of address, court registry transfers, and issues with access to court documents and interpretation, compounded by COVID-19 related lockdowns. While the applicant raised concerns about the Tribunal's consideration of his evidence, the Court ultimately found that the application for review did not succeed. The specific reasoning for the dismissal, beyond the finding that the application was not made out, is not detailed in the provided text.