Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174 Appeal from: ARG15 v Minister for Immigration and Border Protection [2016] FCCA 1086
File number: VID 575 of 2016
Judges: GRIFFITHS, PERRY AND BROMWICH JJ
Date of judgment: 9 December 2016
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – judicial review of refusal of grant of protection visas – whether failure to consider country information amounts to jurisdictional error - where adverse credibility finding - expression that credibility is a matter par excellence for the Tribunal – whether logical and probative basis for the Tribunal's determination that the first appellant sought to mislead the Tribunal – review of other findings of fact by Tribunal. PRACTICE AND PROCEDURE – leave to raise new grounds not advanced below. Held: - appeal is allowed.
Legislation: Migration Act 1958 (Cth), ss 36, 65, 65(1)(b), 424(1)
Cases cited: BKE v Office of Children's Guardian [2015] NSWSC 523 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Minister for Immigration and Border Protection v MZYTS (2013) FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1, 241 CLR 594 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; 74 ALJR 405 NABD v Minister for Immigration and Multicultural Affairs [2002] FCAFC 249 NABD v Minister for Immigration and Multicultural Affairs [2002] FCA 384 NABD v Minister for Immigration and Multicultural Affairs [2005] HCA 29; 79 ALJR 1142 SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58; 202 FCR 1 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 VUAX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 158; 238 FCR 588
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