APP15 v Minister for Immigration and Border Protection [2016] FCA 493

FEDERAL COURT OF AUSTRALIA

APP15 v Minister for Immigration and Border Protection [2016] FCA 493 Appeal from: APP15 v Minister for Immigration & Anor [2015] FCCA 3369

File number: QUD 1161 of 2015

Judge: LOGAN J

Date of judgment: 5 May 2016

Catchwords: MIGRATION – Administrative Appeals Tribunal (Migration and Refugees Division) – Protection (Class XA) visa application – ground one of appeal formally abandoned – whether there is jurisdictional error – whether Federal Circuit Court erred in failing to find that Tribunal should have made further inquiries as to authenticity of letters provided by appellant – whether Tribunal ought to have made further inquiries as to authenticity of letters – inconsistencies in evidence – adverse credibility finding – authenticity of letters would not have impacted credibility finding – no duty on part of Tribunal to make further inquiries – no jurisdictional error – appeal dismissed – Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth) ss 36(2)(a), (aa), (b), (c), 65, 424, 427

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs; Minister for Immigration and Multicultural Affairs; Ex parte Dranichnikov [2003] HCA 026; (2003) 77 ALJR 1088 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 SZMJM v Minister for Immigration and Citizenship [2010] FCA 309 SZRHL v Minister for Immigration and Citizenship [2013] FCA 1093 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451