Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CLJ17 v Minister for Home Affairs [2020] FCA 40 Appeal from: CLJ17 v Minister for Immigration [2018] FCCA 3621
File numbers: WAD 34 of 2019 WAD 35 of 2019
Judge: MORTIMER J
Date of judgment: 5 February 2020
Catchwords: MIGRATION – Vietnamese national in Australian immigration detention interviewed by Vietnamese officials prior to protection visa application – whether Tribunal's conclusion about limited content of the interview irrational or illogical – whether credibility findings affected by error – whether failure to consider a claim – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 36(2)(a)
Cases cited: CLJ17 v Minister for Immigration [2018] FCCA 3621 Craig v State of South Australia [1995] HCA 58; 184 CLR 163 Minister for Immigration & Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration & Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 SZOVB v Minister for Immigration and Citizenship [2011] FCA 1462; 125 ALD 38
Date of hearing: 29 May 2019
Date of last submissions: 13 September 2019
Registry: Victoria
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