Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CPW16 v Minister for Immigration and Border Protection [2017] FCA 1210 Appeal from: CPW16 v Minister for Immigration & Border Protection [2017] FCCA 818
File number: NSD 655 of 2017
Judge: FLICK J
Date of judgment: 12 October 2017
Catchwords: MIGRATION – application for protection visa – review by Tribunal – claim fails by reason of adverse findings as to credit ADMINISTRATIVE LAW – adverse findings as to credit – judicial scrutiny of adverse findings as to credit – need to set forth basis upon which findings are made – mere assertion as to lack of credibility not sufficient – procedural fairness – need to bring to a party's attention the fact that credibility is in issue
Legislation: Migration Act 1958 (Cth) s 36
Cases cited: Abebe v Commonwealth [1999] HCA 14, (1999) 197 CLR 510 AEX15 v Minister for Immigration and Border Protection [2017] FCA 821 AKY15 v Minister for Immigration and Border Protection [2016] FCA 232 APP15 v Minister for Immigration and Border Protection [2016] FCA 493, (2016) 69 AAR 202 AGU16 v Minister for Immigration and Border Protection [2017] FCA 441 AZAEY v Minister for Immigration and Border Protection [2015] FCAFC 193, (2015) 238 FCR 341 BMX16 v Minister for Immigration and Border Protection [2017] FCA 700 Chen v Secretary, Department of Social Services [2016] FCA 1474, (2016) 71 AAR 124 CPW16 v Minister for Immigration & Border Protection [2017] FCCA 818 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146, (2016) 70 AAR 413 Hunter's Hill Council v Minister for Local Government [2017] NSWCA 188 Maan v Minister for Immigration and Border Protection [2017] FCA 906 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317, (2013) 212 FCR 99 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, (2000) 168 ALR 407 Straits Exploration (Australia) Pty Ltd v Kokatha Uwankara Native Title Claimants [2012] SASCFC 121, (2012) 114 SASR 516 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63, (2006) 228 CLR 152 SZLGP v Minister for Immigration & Citizenship [2008] FCA 1198 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089, (2015) 233 FCR 451 SZVBT v Minister for Immigration and Border Protection [2017] FCA 355
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