CBY15 v Minister for Immigration and Border Protection [2020] FCA 878

FEDERAL COURT OF AUSTRALIA

CBY15 v Minister for Immigration and Border Protection [2020] FCA 878 Appeal from: CBY15 & Anor v Minister for Immigration & Anor [2019] FCCA 2115

File number: NSD 1362 of 2019

Judge: KERR J

Date of judgment: 23 June 2020

Catchwords: MIGRATION – application for Protection (Class XA) Visas – appeal from decision of Federal Circuit Court of Australia – where Administrative Appeals Tribunal rejected Appellants' claims for want of credit – where adverse credit finding based on cumulative impact of five examples of want of credit – three of five examples found to be legally unsound – not possible to conclude that Tribunal would have reached same decision having regard only to the two remaining examples – jurisdictional error established – appeal upheld

Legislation: Migration Act 1958 (Cth)

Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 266 FCR 83 BMV16 v Minister for Home Affairs [2018] FCAFC 90; 261 FCR 476 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 DTN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1525 SZHYH v Minister for Immigration (No 3) [2019] FCA 589 SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470; 181 FCR 113 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089; 233 FCR 451 W375/01A v Minister for Immigration and Multicultural Affairs [2002] FCA 379