AKT16 v Minister for Home Affairs [2018] FCA 1565

FEDERAL COURT OF AUSTRALIA

AKT16 v Minister for Home Affairs [2018] FCA 1565 Appeal from: AKT16 v Minister for Immigration and Border Protection [2018] FCCA 1004

File number(s): VID 526 of 2018

Judge(s): O'CALLAGHAN J

Date of judgment: 19 October 2018

Catchwords: MIGRATION – appeal from a decision of a Federal Circuit Court judge raising two grounds of appeal – where leave sought by appellant to raise two further grounds of appeal – where grounds of appeal allege that the Federal Circuit Court failed to find that the Tribunal erred – whether Tribunal erred by determining without a logical and probative basis that evidence relied upon by appellant was false – finding that Tribunal did have logical and probative basis for such a finding – whether Tribunal erred in providing little weight to corroborative letters – finding that it was open to Tribunal to give little weight to corroborative letters – whether Tribunal erred in its consideration of letter from a doctor regarding the appellant's medical state – finding that it was open to the Tribunal to isolate information gaps in the letter – finding that Tribunal had no obligation to furnish those information gaps to the appellant given appellant had provided the letter to the Tribunal – whether Tribunal's political influence from the Australian government gives rise to apprehended bias – finding of no evidence to support a claim of apprehended bias – appeal dismissed – leave to raise two new grounds of appeal refused

Legislation: Migration Act 1958 (Cth), ss 65, 424A

Cases cited: BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Isbester v Knox City Council (2015) 255 CLR 135 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs, Re; Ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30 SZDGC v Minister for Immigration and Citizenship [2008] FCA 1638 VUAX v Minister for Immigration and Multicultural & Indigenous Affairs (2004) 238 FCR 588