MRWF v Minister for Home Affairs [2018] FCAFC 206

FEDERAL COURT OF AUSTRALIA

MRWF v Minister for Home Affairs [2018] FCAFC 206 Appeal from: MRWF v Minister for Immigration and Border Protection [2018] FCA 504

File number: WAD 180 of 2018

Judges: MCKERRACHER, REEVES AND FARRELL JJ

Date of judgment: 21 November 2018

Catchwords: MIGRATION – appeal from a single judge decision upholding a decision of the Administrative Appeals Tribunal (Tribunal) not to grant the appellant a protection visa – whether the primary judge correctly considered whether the Tribunal had complied with s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the test requiring there to be "strong evidence" for having "serious reasons for considering" a person to be complicit in crimes against humanity was correctly applied – whether the primary judge erred in refusing to admit evidence on the appeal – where none of the grounds of appeal was made out – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954)

Cases cited: Committee of Direction of Fruit Marketing v Delegate of the Australian Postal Commission (1979) 37 FLR 457 FTZK v Minister for Immigration and Border Protection (2014) 310 ALR 1; [2014] HCA 26 House v The King (1936) 55 CLR 499 Malouf v Canada (Minister of Citizenship and Immigration) [1995] 1 FC 537 Minister for Immigration and Citizenship v SZLSP (2010) 187 FCR 362; [2010] FCAFC 108 MRWF v Minister for Immigration and Border Protection [2018] FCA 504 SHCB v Minister for Immigration and Multicultural Affairs (2003) 133 FCR 561; [2003] FCAFC 308