CRL18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 917

FEDERAL COURT OF AUSTRALIA

CRL18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 917 Appeal from: CRL18 v Minister for Immigration [2019] FCCA 2315

File number: NSD 1523 of 2019

Judge: STEWART J

Date of judgment: 30 June 2020

Catchwords: MIGRATION – protection visa application – appeal from judgment of the Federal Circuit Court – review of decision of the Immigration Assessment Authority to affirm a decision of a delegate of the Minister not to grant the appellant a protection visa – whether Authority relied upon findings of fact which were irrational – whether accumulation of errors in findings of fact were material such as to amount to jurisdictional error – appeal upheld

Legislation: Evidence Act 1995 (Cth) s 144 Migration Act 1958 (Cth) ss 5H, 36(2)(a), 36(2)(aa)

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; 250 FCR 109 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 266 FCR 83 CGA15 v Minister for Home Affairs [2019] FCAFC 46 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53 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 Citizenship v SZRKT [2013] FCA 317; 212 FCR 99