BLO15 v Minister for Immigration and Border Protection [2017] FCA 1092

FEDERAL COURT OF AUSTRALIA

BLO15 v Minister for Immigration and Border Protection [2017] FCA 1092 Appeal from: BLO15 v Minister for Immigration and Anor [2016] FCCA 423

File number: SAD 89 of 2016

Judge: CHARLESWORTH J

Date of judgment: 18 September 2017

Catchwords: MIGRATION – protection visa – late request for Tribunal to obtain oral evidence from a witness – whether Tribunal obliged to give and failed to give genuine consideration to the request – whether Tribunal erred by rejecting visa applicant's claims without having regard to corroborative evidence – evidence not corroborative in critical respect – whether obtaining oral evidence from witness could have resolved inconsistency between claims of visa applicant and witness

Legislation: Migration Act 1958 (Cth), ss 5, 31, 36, 65, 361, 425A, 426, 474 Migration Regulations 1994 (Cth), cl 790.221(2)

Cases cited: Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 Gjonej v Minister for Immigration and Border Protection [2015] FCA 159 Minister for Immigration and Citizenship v MZYYL (2012) 207 FCR 211 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 259 ALR 429 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30, (2003) 198 ALR 59 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34