Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSFS v Minister for Immigration and Border Protection [2015] FCA 534 Citation: SZSFS v Minister for Immigration and Border Protection [2015] FCA 534
Appeal from: SZSFS & Ors v Minister for Immigration & Anor [2014] FCCA 2878
Parties: SZSFS, SZSFT, SZSFU, SZSFV and SZSFW v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and REFUGEE REVIEW TRIBUNAL
File number: NSD 1380 of 2014
Judge: LOGAN J
Date of judgment: 29 May 2015
Catchwords: MIGRATION – judicial review – appeal from decision of the Federal Circuit Court of Australia affirming decision of Refugee Review Tribunal (Tribunal) refusing to grant the appellants protection visas – leave granted for appellants to raise grounds of appeal not raised below – where Tribunal's decision turned on adverse credibility findings – where Tribunal accepted First appellant and his wife had been suffering from Adjustment Disorder and Depression and purported to give the diagnosis significant weight – where Tribunal went on to discount psychological evidence because diagnoses were based on self-reported conditions inconsistent with demeanour at hearing – consideration of Wednesbury unreasonableness where decision under review concerns not the exercise of discretionary power but an "anterior" state of satisfaction relevant to a statutory obligation – irrational reasoning by Tribunal in rejecting explanation for inconsistencies in evidence which informed credibility findings – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 36, 65, 415
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 considered Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 considered Buck v Bavone (1976) 135 CLR 110 applied Coulton v Holcombe (1986) 162 CLR 1 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited Minister for Immigration and Border Protection v Singh (2014) 308 ALR 280 applied Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145 cited Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 considered MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 cited Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158 cited
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