AMT15 v Minister for Immigration and Border Protection [2018] FCA 366

FEDERAL COURT OF AUSTRALIA

AMT15 v Minister for Immigration and Border Protection [2018] FCA 366 Appeal from: AMT15 v Minister for Immigration and Border Protection [2017] FCCA 1523

File number: VID 817 of 2017

Judge: TRACEY J

Date of judgment: 20 March 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court which dismissed an application for judicial review of a decision of the Refugee Review Tribunal – where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant the applicant a Protection (Class XA) visa – whether the Court erred in dismissing the application for judicial review – whether the Tribunal failed to have regard to a relevant consideration – whether the Tribunal's decision to give little weight to evidence in light of adverse credibility findings was irrational or illogical – whether the Tribunal had misunderstood the law or applied the wrong test when considering whether the applicant was a refugee – whether the Tribunal erred by failing to make an obvious enquiry about a critical fact, whether by the exercise of its power under s 424 of the Migration Act 1958 (Cth) or otherwise

Legislation: Migration Act 1958 (Cth) ss 5J(1)(b), 424

Cases cited: AMT15 v Minister for Immigration and Border Protection [2017] FCCA 1523 ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109; [2016] FCAFC 174 AVD15 v Minister for Immigration and Border Protection [2016] FCA 1450 BNH16 v Minister for Immigration and Border Protection [2017] FCAFC 109 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CQG15 v Minister for Immigration and Border Protection (2016) 70 AAR 413; [2016] FCAFC 146 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2 DCV16 v Minister for Immigration and Border Protection [2017] FCA 1458 DPE16 v Minister for Immigration and Border Protection [2018] FCA 61 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136; [2001] FCA 1802 Minister for Immigration & Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration & Multicultural & Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303; [2010] FCAFC 51 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485; [2010] FCAFC 50 Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575; [2010] FCAFC 41 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Re Minister for Immigration & Multicultural Affairs; Ex parte Cassim (2000) 175 ALR 209; [2000] HCA 50 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1 SZSHV v Minister for Immigration and Border Protection [2014] FCA 25 SZTQP v Minister for Immigration and Border Protection (2015) 232 FCR 452; [2015] FCAFC 121 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451; [2015] FCA 1089 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22; [2015] HCA 51