Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZUHJ v Minister for Immigration and Border Protection [2018] FCA 331 File number: NSD 1851 of 2017
Judge: FLICK J
Date of judgment: 16 March 2018
Catchwords: ADMINISTRATIVE LAW – jurisdictional error – whether Tribunal erred in the manner in which it made adverse findings as to credit – whether there was no evidence for a finding made by the Tribunal – whether inconsistencies in the Applicant's account sufficient to make an adverse credibility finding – whether inconsistencies in the Applicant's account sufficient to make a finding that an event did not occur – whether decision unreasonable – whether Tribunal impermissibly imposed a burden of proof on the Applicant MIGRATION – protection visa – where Tribunal made adverse findings as to credit – whether adverse findings a to credit unreasonable – whether need for rebutting evidence before rejecting a factual assertion – consideration of weight to be given to evidence
Legislation: Migration Act 1958 (Cth) ss 55, 423A
Cases cited: AEX15 v Minister for Immigration and Border Protection [2018] FCA 82 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146, (2016) 70 AAR 413 Kamm v New South Wales (No 4) [2017] NSWCA 189, (2017) 322 FLR 385 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16, (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83, (2009) 247 FCR 404 Osland v Secretary, Department of Justice (No 2) [2010] HCA 24, (2010) 241 CLR 320 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, (2000) 168 ALR 407 Repatriation Commission v O'Brien (1985) 155 CLR 423 SZUHJ v Minister for Immigration & Border Protection [2017] FCCA 2383 SZUXR v Minister for Immigration and Border Protection [2017] FCA 763
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