BMW16 v Minister for Immigration and Border Protection [2017] FCA 1036

FEDERAL COURT OF AUSTRALIA

BMW16 v Minister for Immigration and Border Protection [2017] FCA 1036 Appeal from: BMW16 v Minister for Immigration and Border Protection [2017] FCCA 369

File number(s): NSD 428 of 2017

Judge(s): PERRY J

Date of judgment: 1 September 2017

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court dismissing application for judicial review of decision by Administrative Appeals Tribunal – where Tribunal affirmed decision not to grant appellant a protection visa – whether adverse credibility finding by Tribunal unreasonable or illogical – whether primary judge conflated test for legal unreasonableness with 'no evidence' rule – whether primary judge wrongly found that the evidence before the Tribunal did not compel acceptance of the appellant's claims – appeal dismissed

Legislation: Migration Act 1958 (Cth), s 65

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 SZDTZ v Minister for Immigration and Citizenship [2007] FCA 1824 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593