Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DWA17 v Minister for Immigration and Border Protection [2019] FCAFC 160 Appeal from: DWA17 v Minister for Immigration and Border Protection [2019] FCCA 366
File number: WAD 120 of 2019
Judges: MCKERRACHER, BANKS-SMITH AND JACKSON JJ
Date of judgment: 13 September 2019
Catchwords: MIGRATION - appeal from decision of Federal Circuit Court affirming decision of Immigration Assessment Authority to refuse a protection visa - where Authority possessed a written record of appellant's entry interview but incomplete audio recording of interview - where Authority rejected certain claims in part because they were not raised at the entry interview - whether Authority fulfilled its statutory task - no error disclosed in the reasons of the Authority or Federal Circuit Court MIGRATION - where Authority drew conclusions from news articles - where news articles not in evidence - whether Authority acted illogically or unreasonably in drawing conclusions - reading of reasons as a whole - no error disclosed - appeal dismissed with costs
Legislation: Evidence Act 1995 (Cth) s 136 Migration Act 1958 (Cth) ss 46A, 65, 473CA, 473CC, 473DB, Part 7AA
Cases cited: Attorney-General (NT) v Minister for Aboriginal Affairs (1989) 23 FCR 536 BIR17 v Minister for Immigration and Border Protection [2019] FCA 850 BTW17 v Minister for Immigration and Border Protection [2018] FCAFC 10; (2018) 353 ALR 657 EBC17 v Minister for Immigration and Border Protection [2018] FCA 1836 Minister for Home Affairs v AYJ17 [2019] FCA 591 Minister for Immigration and Border Protection v AMA16 [2017] FCAFC 136; (2017) 254 FCR 534 Minister for Immigration and Border Protection v BBS16 [2017] FCAFC 176; (2017) 257 FCR 111 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; (2014) 239 FCR 436 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; (2014) 219 FCR 504 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16
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