ASB17 v Minister for Home Affairs [2019] FCAFC 38

FEDERAL COURT OF AUSTRALIA

ASB17 v Minister for Home Affairs [2019] FCAFC 38 Appeal from: ASB17 v Minister for Immigration & Anor [2018] FCCA 2391

File number: VID 1211 of 2018

Judges: Griffiths, MORTIMER AND Steward jJ

Date of judgment: 7 March 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court affirming decision of Immigration Assessment Authority to refuse protection visa – whether Authority erred by unreasonably failing to consider whether to exercise discretion under s 473DC of the Migration Act 1958 (Cth) or by unreasonably failing to exercise that discretion – whether fact-finding by Authority about appellant's post-interview material irrational or legally unreasonable – appellant failed to prove that Authority did not give any consideration to whether to exercise discretion under s 473DC – any failure by Authority to consider exercising or to exercise discretion under s 473DC otherwise not legally unreasonable – fact-finding by Authority about appellant's post-interview material not irrational or legally unreasonable – appeal dismissed ADMINISTRATIVE LAW – use of language of inconsistency by administrative decision-makers – need for caution in use of label of inconsistency – care required by administrative decision-makers in weighing and assessing probative value of accounts provided by applicants

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 473DC

Cases cited: ASB17 v Minister for Immigration & Anor [2018] FCCA 2391 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 361 ALR 227 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 353 ALR 600