Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ATO17 v Minister for Immigration and Border Protection [2018] FCA 855 Appeal from: ATO17 v Minister for Immigration & Anor [2017] FCCA 2542
File number: NSD 1967 of 2017
Judge: BROMWICH J
Date of judgment: 14 June 2018
Catchwords: MIGRATION – appeal from orders of primary judge dismissing application for review of Administrative Appeal Tribunal's decision to affirm decision of delegate of first respondent to refuse grant of protection visa to appellant – whether primary judge erred in applying wrong test in considering whether Tribunal's findings were open to it – assertion that correct test was whether Tribunal's findings were legally unreasonable – whether no "evident or intelligible justification" to Tribunal's findings – whether primary judge erred in rejecting omissions as being "information" for purposes of s 424A of Migration Act 1958 (Cth) – whether primary judge failed to carry out judicial duty in relying upon adverse credibility findings of Tribunal to dismiss appellant's claims below and failing to consider whether those findings had proper basis – held: no error found – held: appeal dismissed on all asserted grounds
Legislation: Migration Act 1958 (Cth) ss 424A, 424AA
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 77 ALJR 1088; 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 233 FCR 136 Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33; 248 FCR 1 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 235 ALR 609 VAF v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 123; 236 FCR 549
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