AOO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 424

FEDERAL COURT OF AUSTRALIA

AOO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 424 Appeal from: AOO16 v Minister for Immigration and Border Protection [2019] FCCA 1334

File number: WAD 488 of 2019

Judge: COLVIN J

Date of judgment: 1 April 2020

Catchwords: MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of migration decision - where Administrative Appeals Tribunal affirmed the delegate's decision to refuse appellant's application for protection visa - whether Tribunal's decision was legally unreasonable on basis that it failed to exercise discretion to take evidence from witnesses - whether there was a duty to consider whether to take evidence from witnesses - where appellant did not make request for evidence to be taken from particular person within seven days of hearing notice - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 425, 425A, 426, 427, Part 7

Cases cited: AYX17 v Minister for Immigration and Border Protection [2018] FCAFC 103; (2018) 262 FCR 317 CHZ19 v Minister for Home Affairs [2019] FCA 914 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Kaur v Minister for Immigration and Border Protection [2017] FCAFC 184; (2017) 256 FCR 235 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Le [2007] FCA 1318; (2007) 164 FCR 151 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin [2005] FCAFC 118 Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 46; (1985) 6 FCR 155 SZVBB v Minister for Immigration and Border Protection [2015] FCA 1414 Tsvetnenko v United States of America [2019] FCAFC 74 W360/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 211; (2002) 124 FCR 449