ANR18 v Minister for Home Affairs [2019] FCA 870

FEDERAL COURT OF AUSTRALIA

ANR18 v Minister for Home Affairs [2019] FCA 870 Appeal from: ANR18 v Minister for Home Affairs & Anor [2018] FCCA 3446

File number: WAD 595 of 2018

Judge: LOGAN J

Date of judgment: 20 May 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court – illogicity or irrationally – where the appellant raised claims that he was an atheist – where the Tribunal disbelieved those claims – where Tribunal relied on the appellant's failure to raise his purported atheism under close questioning by the Minister's delegate – whether the Tribunal's conclusion was illogical or irrational – appeal dismissed.

Legislation: Migration Act 1958 (Cth)

Cases cited: Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611

Date of hearing: 20 May 2019

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 14

Counsel for the Appellant: The appellant appeared in person with the assistance of an interpreter

Counsel for the Respondents: Mr P Macliver

Solicitor for the Respondents: Sparke Helmore Lawyers

ORDERS WAD 595 of 2018

BETWEEN: ANR18 Appellant

AND: MINISTER FOR HOME AFFAIRS First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: LOGAN J DATE OF ORDER: 20 MAY 2019

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the first respondent's costs, of and incidental to the appeal, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.