DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2

FEDERAL COURT OF AUSTRALIA

DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2 Appeal from: DAO16 v Minister for Immigration and Border Protection [2017] FCCA 616

File number(s): NSD 584 of 2017

Judge(s): KENNY, KERR AND PERRY JJ

Date of judgment: 15 January 2018

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court dismissing the appellant's application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision by the Minister's delegate not to grant the appellant a Protection (Class XA) visa – where appellant claimed to fear significant harm if returned to his country of nationality by reason of his homosexuality - where Tribunal dismissed as false the evidence of 16 witnesses on which the appellant relied in support of his claim to be homosexual – where no rational or logical basis for Tribunal's rejection of corroborative evidence – where Tribunal's decision legally unreasonable – where reasons of Court below inadequate – appeal allowed with costs.

Legislation: Migration Act 1958 (Cth) Migration Amendment (Complementary Protection) Act 2011 (Cth)

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; (2016) 250 FCR 109 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNSP [2010] FCAFC 50; (2010) 184 FCR 485 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Public Service Board of NSW v Osmond (1986) 159 CLR 656 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZDGC v Minister for Immigration and Citizenship [2008] FCA 1638 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; (2013) 212 FCR 235 SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470; (2009) 181 FCR 113 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089; (2015) 233 FCR 451