Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CWR16 v Minister for Immigration and Border Protection [2018] FCA 859 Appeal from: CWR16 v Minister for Immigration & Anor [2017] FCCA 2554
File number: NSD 2060 of 2017
Judge: ALLSOP CJ
Date of judgment: 8 June 2018
Catchwords: MIGRATION – Protection Visa – adverse credibility findings made against appellant based on inconsistency and implausibility – no weight given to witness statements –Tribunal did not receive oral evidence from witnesses – whether approach to credibility findings and witness statements open – whether Tribunal failed to consider holistically the evidence before it
Legislation: Migration Act 1958 (Cth), s 426
Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 BTF15 v Minister for Immigration and Border Protection [2016] FCA 647 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 353 ALR 641 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v SZNSP [2010] FCAFC 50; 184 FCR 485 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; 191 CLR 559 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin [2005] FCAFC 118 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; 250 FCR 510 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 535; 52 FCR 437 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; 77 ALJR 1165 SZDGC v Minister for Immigration and Citizenship [2008] FCA 1638; 105 ALD 25 SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZSRR v Minister for Immigration and Border Protection [2017] FCA 328 SZUHJ v Minister for Immigration and Border Protection [2018] FCA 331 VUAX v Minister for Immigration and Multicultural Affairs [2004] FCAFC 158; 238 FCR 588
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