Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AQF17 v Minister for Immigration and Border Protection [2018] FCA 966 Appeal from: AQF17 v Minister for Immigration and Border Protection [2017] FCCA 2510
File number(s): NSD 1965 of 2017
Judge(s): FARRELL J
Date of judgment: 26 June 2018
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia – Immigration Assessment Authority affirmed delegate's decision to refuse visa – Safe Haven Enterprise (Class XE) Subclass 790 visa – whether the Authority failed to consider relevant information – whether the Tribunal was obligated to disregard information under s 473DD of the Migration Act 1958 (Cth) – whether the Authority erred in drawing adverse credibility inferences from inconsistencies in appellant's evidence – whether the Federal Circuit Court Judge's reasons were adequate – appeal dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 50(1) Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) Pt 7AA, Pt 7AA Subdiv 3C, Div 5 Pt 5, ss 55, 357A, 473DC, 473DD, 476, 476A, Sch 2 Federal Circuit Court of Australia Rules 2001 (Cth) Pt 44, r 44.11 Migration Regulations 1994 (Cth) reg 1.15B
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 AQF17 v Minister for Immigration and Border Protection [2017] FCCA 2510 Berenguel v Minister for Immigration and Citizenship (2010) 264 ALR 417; HCA 8 C7A/2017 v Minister for Immigration and Border Protection [2018] FCCA 458 CNN15 v Minister for Immigration and Border Protection [2017] FCA 579 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; FCAFC 146 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2 DPE16 v Minister for Immigration and Border Protection [2018] FCA 61 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; HCA 18 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12; HCA 32 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220; FCAFC 52 SZJHE v Minister for Immigration and Citizenship [2008] FCA 1771 MZAHH v Federal Circuit Court of Australia [2016] HCATrans 177 (2 August 2016)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate