Full Court Minute Books

Case S169/2020

DQU16 & Ors v. Minister for Home Affairs & Anor

Case No.


Case Information

Lower Court Judgment

22/04/2020 Federal Court of Australia (Reeves J)

[2020] FCA 518


Migration law – Complementary protection – Where first applicant had worked as alcohol distributor in Iraq and claimed he would be targeted for doing so if he returned to Iraq – Where applications for temporary protection visas refused by Minister’s delegate – Where Immigration Assessment Authority (“IAA”) affirmed delegate’s decision finding first applicant could take reasonable step of not selling alcohol to avoid real chance of persecution in Iraq – Whether principles in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 applicable in considering complementary protection criterion in s 36(2)(aa) of Migration Act 1958 (Cth) – Whether, in determining complementary protection claims, IAA may rely on finding made in relation to claim for refugee status as to future changes in applicant’s behaviour without addressing reason for intended changed conduct.


09/09/2020  Determination (SLA, Sydney)

22/09/2020 Notice of appeal

28/10/2020 Written submissions (Appellants)

28/10/2020 Chronology (Appellants)

25/11/2020 Written submissions (First respondent)

16/12/2020 Reply

04/02/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

04/02/2021 Outline of oral argument (Appellants)

04/02/2021 Outline of oral argument (First respondent)

07/04/2021 Judgment (Judgment summary)