Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CAQ16 v Minister for Immigration and Border Protection [2019] FCA 709 Appeal from: CAQ16 v Minister for Immigration & Anor [2018] FCCA 3129
File number: NSD 2131 of 2018
Judge: LEE J
Date of judgment: 13 May 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court – decision of the Administrative Appeals Tribunal not to grant protection visa – adverse credibility findings – whether Tribunal's findings were tentative – whether "what if I am wrong" test should have been applied in considering the "real chance" test – no jurisdictional error – appeal dismissed
Cases cited: CAQ16 v Minister for Immigration [2018] FCCA 3129 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 W148/00A v Minister for Immigration & Multicultural Affairs [2001] FCA 679; (2001) 185 ALR 703
Date of hearing: 13 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 6
Counsel for the Appellant: Mr B Zipser
Counsel for the First Respondent: Ms S Burnett
Solicitor for the First Respondent: Clayton Utz
Solicitor for the Second Respondent: The Second Respondent entered a submitting notice save as to costs.
ORDERS NSD 2131 of 2018
BETWEEN: CAQ16 Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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