CTK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1211

Federal Court of Australia

CTK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1211 Appeal from: CTK17 & Ors v Minister for Immigration & Anor [2019] FCCA 3385

File number: VID 1370 of 2019

Judgment of: KERR J

Date of judgment: 21 August 2020

Catchwords: MIGRATION – appeal from judgment of the Federal Circuit Court of Australia – review of decision of the Administrative Appeals Tribunal affirming decision not to grant Appellants Protection (Class XA) visas – where witness gave evidence before the Tribunal both orally and in the form of a statutory declaration – where the Tribunal referred to the witness's evidence but not expressly to their statutory declaration – plausible basis found on which to conclude that the Tribunal did not overlook the statutory declaration but rather did not consider it to be material in view of comprehensive dismissal of First Appellant's evidence on the basis of an adverse credit finding – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36(2)

Cases cited: BXK15 v Minister for Immigration and Border Protection [2018] FCAFC 76; 261 FCR 515 Craig v South Australia [1995] HCA 58; 184 CLR 163 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration and Citizenship v SZLSP [2010] FCAFC 108; 187 FCR 362 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593