AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133

FEDERAL COURT OF AUSTRALIA

AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133 Appeal from: AVQ15 v Minister for Immigration and Border Protection [2017] FCCA 893

File number: VID 1420 of 2017

Judges: KENNY, GRIFFITHS AND MORTIMER JJ

Date of judgment: 13 September 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – where the Refugee Review Tribunal (Tribunal) found that the appellant had provided inconsistent information in his statutory declaration and his oral claims to the Tribunal – where the appellant stated in his statutory declaration that it was a "summary" and "not an exhaustive statement" of his claims and that he will provide further information of his claims during his interview with a Departmental officer – where the Tribunal did not refer to the transcript of the interview between the appellant and a Departmental officer in its reasons for decision – whether the primary judge erred in failing to find that the Tribunal engaged in irrational or illogical reasoning, or constructively failed to exercise its jurisdiction, or failed to carry out its statutory tasks by failing to consider relevant information in concluding that the appellant had given inconsistent evidence – whether the primary judge erred in failing to find that the Tribunal constructively failed to exercise its jurisdiction, or failed to carry out its statutory tasks, by failing to consider information concerning prison conditions in Sri Lanka in concluding there was not a real risk that the appellant would be subjected to treatment constituting significant harm for the purposes of s 36(2)(aa) of the Migration Act 1958 (Cth) – Held: appeal allowed, with costs