CPN16 v Minister for Home Affairs [2018] FCA 872

FEDERAL COURT OF AUSTRALIA

CPN16 v Minister for Home Affairs [2018] FCA 872 Appeal from: CPN16 v Minister for Immigration and Border Protection [2017] FCCA 2424

File number: VID 1107 of 2017

Judge: KERR J

Date of judgment: 7 June 2018

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – where primary judge dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister refusing the appellant's visa application – where appellant seeks to advance grounds of appeal not agitated before primary judge – whether interpretation of Tribunal hearings was so inadequate to constitute a failure to provide the appellant with a hearing as required by s 425 of the Migration Act 1958 (Cth) – where Tribunal made adverse credibility findings on the basis of the lack of detail in Appellant's evidence – leave to rely on new grounds granted – appeal allowed

Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 36, 425

Cases cited: Coshott v Crouch [2017] FCAFC 135; (2017) 253 FCR 413 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Habtegebriel v Minister for Immigration & Multicultural Affairs [1999] FCA 1470 M175 of 2012 v Minister for Immigration and Citizenship [2007] FCA 1212 Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33; (2017) 248 FCR 1 Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507; (1999) 92 FCR 6 SZHEW v Minister for Immigration and Border Protection [2009] FCA 783 SZRMQ v Minister for Immigration and Border Protection [2013] FCAFC 142; (2013) 219 FCR 212 SZSFS v Minister for Immigration and Border Protection [2015] FCA 534; (2015) 232 FCR 262 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 347 ALR 405