ANQ16 v Minister for Immigration and Border Protection [2019] FCA 693

FEDERAL COURT OF AUSTRALIA

ANQ16 v Minister for Immigration and Border Protection [2019] FCA 693 Appeal from: ANQ16 v Minister for Immigration & Anor [2018] FCCA 3826

File number: VID 8 of 2019

Judge: WHEELAHAN J

Date of judgment: 17 May 2019

Catchwords: MIGRATION – appeal from the Federal Circuit Court – whether the Tribunal made a jurisdictional error in its consideration of inconsistencies between the appellant's entry interview and later evidence – whether failure to make findings of fact on certain issues was a jurisdictional error – whether the Tribunal's failure to accept country evidence provided was legally unreasonable – appeal dismissed.

Legislation: Migration Act 1958 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 361 ALR 227 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 CWR16 v Minister for Immigration and Border Protection [2018] FCA 859 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; 239 FCR 436 Randhawa v Minister for Immigration, Local Government, and Ethnic Affairs (1994) 52 FCR 437 Re Minister for Immigration & Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; 168 ALR 407 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089; 233 FCR 451 W375/01A v Minister for Immigration and Multicultural Affairs (2002) 67 ALD 757