CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146

FEDERAL COURT OF AUSTRALIA

CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Appeal from: CQG15 v Minister for Immigration & Anor [2016] FCCA 886

File number: NSD 644 of 2016

Judges: MCKERRACHER, GRIFFITHS AND RANGIAH JJ

Date of judgment: 24 October 2016

Catchwords: MIGRATION – where adverse credibility finding – where the Tribunal's concerns as to the credibility of the appellant would not necessarily be determinative taken separately by themselves – expression that credibility is a matter par excellence for the Tribunal – whether logical and probative basis for the Tribunal's determination that the appellant was not a witness of truth and that his account of events was false – whether it was illogical or irrational for the Tribunal to so determine – whether natural justice denied by the Tribunal failing to inform the appellant that certain matters were open to doubt Held: appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 425, 430

Cases cited: BTF15 v Minister for Immigration and Border Protection [2016] FCA 647 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v Applicant A125 of 2003 [2007] FCAFC 162; 163 FCR 285 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51; 115 ALD 303 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; 74 ALJR 405 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Minister for Immigration & Multicultural & Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Selvadurai v Minister for Immigration and Ethnic Affairs [1994] FCA 301; 34 ALD 347 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089; 233 FCR 451 WAGO v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 437; 194 ALR 676 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74; 80 ALD 568