DQU16 v Minister for Home Affairs

HIGH COURT OF AUSTRALIAKIEFEL CJ,KEANE, GORDON, EDELMAN AND STEWARD JJDQU16 & ORS  APPELLANTSANDMINISTER FOR HOME AFFAIRS & ANOR  RESPONDENTSDQU16 v Minister for Home Affairs[2021] HCA 10Date of Hearing: 4 February 2021Date of Judgment: 7 April 2021S169/2020ORDERAppeal dismissed with costs. On appeal from the Federal Court of AustraliaRepresentationC A Webster SC with I J King and E C Graham for the appellants (instructed by Clifford Chance)A M Mitchelmore SC with G J Johnson for the first respondent (instructed by Australian Government Solicitor)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSDQU16 v Minister for Home AffairsImmigration – Visas – Application for protection visa – Where s 36(2) of Migration Act 1958 (Cth) provides two criteria for grant of protection visa – Where s 36(2)(a) provides refugee criterion – Where s 36(2)(aa) provides complementary protection criterion – Where Court in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 ("Appellant S395") held asylum seeker cannot be expected to hide or change behaviour manifesting protected characteristic under Refugees Convention for purposes of assessing claim under s 36(2)(a) – Where s 36(2)(aa) requires assessment of whether "significant harm" a "necessary and foreseeable consequence" of applicant's return to receiving country - Where first appellant applied for protection visa under both ss 36(2)(a) and 36(2)(aa) – Where Immigration Assessment Authority found first appellant would modify behaviour on return to Iraq - Whether failure to consider...