Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DHT16 v Minister for Immigration and Border Protection [2019] FCA 1073 Appeal from: DHT16 v Minister for Immigration [2018] FCCA 2725
File number: SAD 262 of 2018
Judge: WHITE J
Date of judgment: 10 July 2019
Catchwords: MIGRATION – application for judicial review of a decision of the Federal Circuit Court (the FCC) dismissing the application for review of the decision of the Administrative Appeals Tribunal (the Tribunal) to affirm the refusal of a Protection visa – Appellant claims that it was irrational for the Tribunal to assess an inconsistency in the evidence as significant – Appellant claims that it was illogical or irrational for the Tribunal to have reasoned that the Appellant had an inclination to exaggerate or fabricate stories in an attempt to meet the criteria for the grant of a Protection visa – Appellant claims that the Tribunal had committed jurisdictional error by not forming its state of satisfaction required by s 65 of the Migration Act 1958 (Cth) – Appellant claims that the Tribunal committed jurisdictional error in not finding that the irrational findings were material to its ultimate conclusion – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 36(2), 65, 425
Cases cited: BXK15 v Minister for Immigration and Border Protection [2018] FCAFC 76 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94 CGA15 v Minister for Home Affairs [2019] FCAFC 46 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 SZWBY v Minister for Immigration and Border Protection [2018] FCA 151
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