Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ABT16 v Minister for Home Affairs [2019] FCA 836 Appeal from: ABT16 & Anor v Minister for Immigration & Anor [2018] FCCA 1084
File number: NSD 932 of 2018
Judge: PERRY J
Date of judgment: 5 June 2019
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) – where AAT affirmed delegate's decision refusing to grant the appellants a protection visa – whether AAT failed to consider an essential component of the claims to fear harm, being the accrual of interest on unpaid debts and/or significant delay in repayment – where appellants did not claim that these aspects of the claims bore upon the risk of harm or led evidence to that effect – where s 5AAA, Migration Act 1958 (Cth), imposes responsibility on visa applicants to specify claims and lead evidence – whether AAT's reasoning was legally unreasonable – where an aspect of the AAT's reasoning was illogical and irrational but the error was not material – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 5AAA Migration Amendment (Protection and Other Measures) Act 2015 (Cth)
Cases cited: CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516; (2016) 69 AAR 210 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 92 ALJR 713 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200; (2017) 255 FCR 81 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 77 ALJR 1165 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593
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