Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Atkins v Minister for Home Affairs [2019] FCAFC 159 Appeal from: Atkins v Minister for Home Affairs & Anor [2019] FCCA 245
File number: VID 132 of 2019
Judges: DAVIES, MOSHINSKY AND STEWARD JJ
Date of judgment: 11 September 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – protection visa – where visa was cancelled on the basis that the appellant provided incorrect answers in his visa application – whether the Tribunal failed to consider that, on cancellation of the visa, the appellant was at immediate and ongoing risk of being removed to Iran or taken to a regional processing country pursuant to s 198AD of the Migration Act 1958 (Cth) – whether the Tribunal failed to give reasons for concluding that the appellant was not at real risk of significant harm – whether the Tribunal's decision was legally unreasonable insofar as it made adverse credibility assessments which were perfunctory, emphatic and unsustainable on their own terms – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 13 Migration Act 1958 (Cth) ss 5, 5AA, 36, 101, 107, 108, 109, 189, 197C, 198, 198AD Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 (Cth) Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 (Cth) Migration Regulations 1994 (Cth) reg 2.41
Cases cited: Al-Kateb v Godwin (2004) 219 CLR 562 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; (2018) 361 ALR 227 BMV16 v Minister for Home Affairs (2018) 261 FCR 476 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 NATB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 506 Navoto v Minister for Home Affairs [2019] FCA 295 Navoto v Minister for Home Affairs [2019] FCAFC 135 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Ocean Road Motel Pty Ltd v Pacific Acceptance Corporation Ltd (1963) 109 CLR 276 Plaintiff M47/2018 v Minister for Home Affairs [2019] HCA 17; (2019) 367 ALR 711 Rahmatullah v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 200 SZSZM v Secretary, Department of Immigration and Border Protection [2017] FCA 458
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