Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CCD15 v Minister for Immigration and Border Protection [2018] FCA 813 Appeal from: CCD15 v Minister for Immigration and Border Protection & Anor [2017] FCCA 1883
File number(s): VID 948 of 2017
Judge(s): O'CALLAGHAN J
Date of judgment: 1 June 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – where Tribunal did not contact a witness that appellant claimed corroborated evidence – where Tribunal did not accept appellant's credibility – whether Tribunal's refusal to contact the witness was an unreasonable exercise of discretion – whether the Tribunal's refusal to contact the witness constituted a failure to provide a hearing in the manner required by s 425 of the Migration Act 1958 (Cth) – where contacting the witness was not an obvious enquiry about a critical fact – where no sufficient link to outcome –open to Tribunal and primary judge to dismiss corroborating evidence based on credibility of appellant's evidence – appeal dismissed
Legislation: Migration Act 1958 (Cth), s 425
Cases cited: Minster for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Multicultural Affairs v Mattson (2005) 88 ALD 304; [2005] FCAFC 118 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30
Date of hearing: 23 February, 18 May 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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