GBS18 v Minister for Home Affairs [2020] FCA 1366

FEDERAL COURT OF AUSTRALIA

GBS18 v Minister for Home Affairs [2020] FCA 1366 Appeal from: GBS18 v Minister for Home Affairs & Anor [2019] FCCA 850

File number: NSD 625 of 2019

Judge: WIGNEY J

Date of judgment: 24 September 2020

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing claims of jurisdictional error by the Administrative Appeals Tribunal – where the appellant was refused a Protection (Class XA) (Subclass 866) visa by a delegate of the Minister for Home Affairs – where visa refusal was affirmed upon review by the Administrative Appeals Tribunal – where the Administrative Appeals Tribunal did not accept the appellant's protection claims and evidence and did not find the appellant to be an honest or reliable witness – where Administrative Appeals Tribunal was found not to have misconstrued or misapplied s 426 of the Migration Act 1958 (Cth) – whether adverse credibility findings by the Administrative Appeals Tribunal were illogical or unreasonable – whether the Administrative Appeals Tribunal gave genuine consideration to the appellant's wishes for nominated witnesses to be called to give evidence pursuant to s 426(2) of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal exercised its discretion under s 426(3) of the Migration Act 1953 (Cth) – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2), 426, 426(2), 426(3), 476

Cases cited: CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 CZBH v Minister for Immigration and Border Protection [2014] FCA 1023 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Minister for Immigration and Multicultural and Indigenous Affairs v Maltsin (2005) 88 ALD 304; [2005] FCAFC 118 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZTAP v Minister for Immigration and Border Protection (2015) 238 FCR 404; [2015] FCAFC 175 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451; [2015] FCA 1089 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51