ESD17 v Minister for Immigration and Border Protection

The matter before the Court was an appeal against the decision of the Federal Circuit Court of Australia, which had dismissed the appeal of ESD17 against the refusal to grant him a Protection Visa. ESD17, an Iraqi national, had been granted a Temporary Protection Visa, which had been extended until 23 August 2018. ESD17 claimed to be a victim of sexual abuse and assault as a child in Iraq, and feared harm from the general community and his family if he returned to Iraq because of his imputed sexual orientation. The Court of Appeal was required to determine whether the Federal Circuit Court had erred in finding that the Immigration Assessment Authority did not err in concluding that ESD17’s abuse would not become known to the community or his family because he would not disclose it.

The Court of Appeal held that the Federal Circuit Court had erred in finding that the Immigration Assessment Authority did not err in concluding that ESD17’s abuse would not become known to the community or his family because he would not disclose it. The Court held that the Immigration Assessment Authority should have considered whether ESD17 would not disclose his abuse because of the threat of serious harm, and that this was an error of law. The Court held that the appeal should be allowed, the decision of the Federal Circuit Court should be set aside, and a writ of certiorari should issue quashing the decision of the Immigration Assessment Authority. The Court also held that a writ of mandamus should issue requiring the Immigration Assessment Authority to review the delegate’s decision according to law, and that the Minister should pay ESD17’s costs of the proceeding before the Federal Circuit Court and of the appeal.