BEH15 v Minister for Immigration and Border Protection [2019] FCAFC 184

FEDERAL COURT OF AUSTRALIA

BEH15 v Minister for Immigration and Border Protection [2019] FCAFC 184 Appeal from: BEH15 v Minister for Immigration & Anor [2017] FCCA 3248

File number: NSD 5 of 2018

Judges: RANGIAH, PERRY AND BROMWICH JJ

Date of judgment: 21 October 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) – where AAT affirmed delegate's decision refusing to grant the appellant a protection visa – whether AAT failed to comply with s 424(1) of the Migration Act 1958 (Cth) – where criteria for s 424(1) not engaged – where AAT did not fall into error in rejecting the appellant's credibility and thereby giving no weight to corroborating material applying the "poisoned well" analysis – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 424 Federal Court of Australia Act 1976 (Cth) s 37M

Cases cited: AXL16 v Minister for Border Protection [2018] FCA 208 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Federal Commissioner of Taxation v Primary Health Care Ltd [2017] FCAFC 131; (2017) 252 FCR 496 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; (2001) 233 FCR 136 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 92 ALJR 713 Minister for Immigration and Citizenship v SZNSP [2010] FCAFC 50; (2010) 184 FCR 485 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 Singh v Minister for Immigration and Multicultural Affairs [2001] FCA 389; (2001) 109 FCR 152 SZDGC v Minister for Immigration and Citizenship [2008] FCA 1638 VAAD v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 117 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588 W148/00A v Minister for Immigration and Multicultural Affairs [2001] FCA 679; (2001) 185 ALR 703 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74