AXG15 v Minister for Immigration and Border Protection [2016] FCA 492

FEDERAL COURT OF AUSTRALIA

AXG15 v Minister for Immigration and Border Protection [2016] FCA 492 Appeal from: AXG15 v Minister for Immigration and Border Protection [2015] FCCA 3259

File number: QUD 1152 of 2015

Judge: LOGAN J

Date of judgment: 4 May 2016

Catchwords: MIGRATION – Administrative Appeals Tribunal – Protection (Class XA) visa application – Migration Act 1958 (Cth) – whether Federal Circuit Court failed to find that Tribunal should have applied the "What if I am wrong?" test – whether Federal Circuit Court failed to find that Tribunal engaged in illogical, irrational and unreasonable reasoning – adverse credibility finding – Tribunal Reasons are to be read in context as a whole and not piecemeal – so read, Tribunal not in doubt as to absence of credibility – Tribunal not bound to consider that findings as to appellant's evidence might be wrong – no jurisdictional error – appeal dismissed.

Legislation: Migration Act 1958 (Cth) s 36(2)(a)

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Attorney-General (NSW) v Quin (1990) 170 CLR 321 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang, (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Rajalingham (1999) 93 FCR 220 Re Minister for Immigration and Multicultural Affairs; Ex parte Abebe (1999) 73 ALJR 584 SFGB v Minister for Immigration & Multicultural and Indigenous Affairs (2003) 77 ALD 402 SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451