Minister for Immigration and Border Protection v SZUXN [2016] FCA 516

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Appeal from: SZUXN v Minister For Immigration & Anor [2015] FCCA 1268

File number: NSD 830 of 2015

Judge: WIGNEY J

Date of judgment: 13 May 2016

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – application for protection visa – where the findings of the Refugee Review Tribunal concerning the credibility of the visa applicant were based in part on an answer given during an initial "biodata" interview – where primary judge found that the findings or reasoning concerning the biodata interview were "objectively unreasonable"– where the primary judge found that the unreasonable findings or reasoning was critical to the Tribunal's decision – illogicality or irrationality as grounds of review - whether the primary judge erred in holding that the Refugee Review Tribunal's decision was vitiated by jurisdictional error on the grounds of legal unreasonableness by reason of its reasoning or findings concerning the "biodata" interview – appeal allowed

Legislation: Migration Act 1958 (Cth), s 36

Cases cited: Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZOCT (2010) 189 FCR 577 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 SZNKO v Minister for Immigration and Citizenship [2013] FCA 123 SZRHL v Minister for Immigration and Citizenship (2013) 136 ALD 641 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51 ZRLQ v Minister for Immigration and Citizenship (2013) 135 ALD 276