DSL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1141

Federal Court of Australia

DSL16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1141 Appeal from: DSL16 v Minister for Immigration [2019] FCCA 3207

File number: NSD 1907 of 2019

Judgment of: LEE J

Date of judgment: 11 August 2020

Catchwords: MIGRATION – application for temporary protection visa – appellant claiming fear of harm in Malaysia based on his Chinese ethnicity – adverse credibility findings – ample opportunity to supplement facts in application – no bias – Tribunal reasoning did not lack an evident and intelligible justification – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 425

Cases cited: ARG15 v Minister for Immigration and Border Protection [2016] FCAFC 174; (2016) 250 FCR 109 BJB16 v Minister for Immigration and Border Protection [2018] FCAFC 49; (2018) 260 FCR 116 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 258 FCR 175 DSL16 v Minister for Immigration [2020] FCCA 3207 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 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575; [2010] FCAFC 41 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 78 ALJR 992 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Randhawa v Minister for Local Government and Ethnic Affairs [1994] FCA 1253; (1994) 52 FCR 437 SCAA v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 668 SZMSA v Minister for Immigration & Citizenship [2010] FCA 345