Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BDN19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 354 Appeal from: BDN19 v Minister for Home Affairs & Anor [2019] FCCA 2717
File number(s): QUD 624 of 2019
Judge(s): COLLIER J
Date of judgment: 18 March 2020
Catchwords: MIGRATION – judicial review – appeal against decision of Federal Circuit Court of Australia (FCCA) – where primary Judge dismissed the application – where primary Judge found that Tribunal had made reasonable and logical findings – whether Tribunal's reasoning was illogical or irrational – whether a logical or rational decision-maker would have reached the same decision on the material –Tribunal's reasons are not to be construed minutely or with an eye keenly attuned to error – Tribunal's reasons are to be read as a whole – whether Tribunal properly considered appellant's claims – whether Tribunal fell into error by failing to properly consider a document – whether Tribunal made a finding as to the genuineness of a document – where Tribunal did not find the appellant's claims to be credible
Legislation: Migration Act 1958 (Cth) – s 5J
Cases cited: AAG16 v Minister for Immigration and Border Protection [2019] FCA 1214 AON15 v Minister for Immigration and Border Protection [2019] FCAFC 48 BDN19 v Minister for Home Affairs & Anor [2019] FCCA 2717 BVD17 v Minister for Immigration and Border Protection (2019) 373 ALR 196; [2019] HCA 34 BXK15 v Minister for Immigration and Border Protection (2018) 261 FCR 515; [2018] FCAFC 76 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 He v Minister for Immigration and Border Protection (2017) 255 FCR 41; [2017] FCAFC 206 Lafu v Minister for Immigration and Citizenship (2009) 112 ALD 1; [2009] FCAFC 140 Minister for Home Affairs v Buadromo (2018) 362 ALR 48; [2018] FCAFC 151 Minister for Immigration and Citizenship v MZYZA [2013] FCA 572 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407; [2000] HCA 1 Telstra Corporation Ltd v ACCC (2008) 176 FCR 153; [2008] FCA 1758 Tickner v Chapman (1995) 57 FCR 451
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