Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BIN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1094 Appeal from: BIN18 v Minister for Immigration [2019] FCCA 2725
File number: NSD 1872 of 2019
Judge: LEE J
Date of judgment: 31 July 2020
Catchwords: MIGRATION – application for temporary protection visa – appellant claiming fear of harm in Iraq as a Sunni Muslim – competing country information – selection and weight to be afforded to country information part of the fact-finding function of the Immigration Assessment Authority – must provide intelligible justification as to why less favourable country information preferred – failure to do so unreasonable – appeal allowed
Cases cited: BIN18 v Minister for Immigration [2019] FCCA 2725 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 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 Li [2013] HCA 18; (2013) 249 CLR 332 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10
Date of hearing: 24 July 2020
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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