AWP16 v Minister for Home Affairs [2019] FCA 155

FEDERAL COURT OF AUSTRALIA

AWP16 v Minister for Home Affairs [2019] FCA 155 Appeal from: AWP16 v Minister for Immigration and Border Protection [2018] FCCA 955

File number(s): NSD 782 of 2018

Judge(s): FARRELL J

Date of judgment: 21 February 2019

Catchwords: MIGRATION – Appeal from a decision of the Federal Circuit Court of Australia – primary judge dismissed application for judicial review of a decision of the Refugee Review Tribunal to refuse the appellant a Protection (Class XA) visa chiefly on the basis of inconsistencies in appellant's evidence – whether Tribunal failed to take into consideration relevant material – whether Tribunal was in breach of natural justice – grounds seemingly abandoned at hearing but nonetheless not made out – whether leave should be granted to rely on new ground alleging errors in translation during interview with delegate of the Minister – appeal dismissed

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

Cases cited: Anne v Ask Funding Ltd (2015) 240 FCR 229; [2015] FCA 1111 AWP16 v Minister for Immigration and Border Protection [2018] FCCA 955 BZAID v Minister for Immigration (2016) 242 FCR 310; [2016] FCA 508 Minister for Immigration v Chamnam You [2008] FCA 241 MZYER v Minister for Immigration and Citizenship (2010) 115 ALD 382; [2010] FCA 522 NBKT v Minister for Immigration and Multicultural Affairs (2006) 156 FCR 419; [2006] FCAFC 195 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220; [2016] FCAFC 52 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609; [2007] HCA 26 SZNQR v Minister for Immigration and Citizenship [2010] FCA 152 SZOBN v Minister for Immigration and Citizenship (2010) 119 ALD 260; [2010] FCA 1280 SZTNL v Minister for Immigration and Border Protection (2015) 31 FCR 204; [2015] FCA 463