DHS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 311

FEDERAL COURT OF AUSTRALIA

DHS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 311 Appeal from: NLJV and Minister for Home Affairs (Migration) [2019] AATA 3646

File number: NSD 1744 of 2019

Judge: JAGOT J

Date of judgment: 12 March 2020

Catchwords: ADMINISTRATIVE LAW – application for judicial review – whether Administrative Appeals Tribunal (AAT) made jurisdictional error in determining applicant's sexuality – breach of obligation to provide fair and meaningful hearing – procedural fairness – reliance upon evidence not directed to the applicant's sexuality unreasonable – illogical inference – where makers of statements are not called for cross-examination – weight to be given to evidence is a matter for the AAT – application dismissed

Legislation: Migration Act 1958 (Cth) s 501(3A)

Cases cited: Abebe v Commonwealth [1999] HCA 14; (1999) 197 CLR 510 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; (2011) 241 CLR 594 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNSP [2010] FCAFC 50; (2010) 184 FCR 485 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93; (2014) 226 FCR 555 Sullivan v Department of Transport (1978) 1 ALD 383 SBLF v Minister for Immigration and Citizenship [2008] FCA 1219 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152