GKX18 v Minister for Home Affairs [2020] FCA 263

FEDERAL COURT OF AUSTRALIA

GKX18 v Minister for Home Affairs [2020] FCA 263 Appeal from: GKX18 v Minister for Home Affairs & Anor [2019] FCCA 2028

File number: NSD 1388 of 2019

Judge: DAVIES J

Date of judgment: 5 March 2020

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court to dismiss appellant's application for judicial review of Administrative Appeals Tribunal decision affirming delegate's decision to refuse appellant's application for protection visa – where appellant argued assumptions underpinning Tribunal's adverse credibility findings were irrational, illogical or otherwise unreasonable – fair reading of Tribunal's decision revealed findings towards credibility to be viewed cumulatively – intelligible and logical basis for impugned assumptions – logical and rational basis for Tribunal's adverse credibility findings – Tribunal entitled to rely on experience and knowledge of appellant's country or region of origin – appeal dismissed

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 BWC15 v Minister for Immigration and Border Protection [2017] FCA 199 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; 263 FCR 292 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; 205 CLR 507 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 NAEH v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 927 Republic of Nauru v WET040 [No 2] [2018] HCA 60; 93 ALJR 102