DOF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1385

Federal Court of Australia

DOF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1385 Appeal from: DOF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3539

File number: NSD 2111 of 2019

Judgment of: LEE J

Date of judgment: 21 September 2020

Catchwords: MIGRATION – cricket not the delight of everyone – Sri Lankan national – application for Safe Haven Enterprise Visa – adverse credibility finding based on inconsistency in evidence concerning incident at a cricket ground – whether merely elaboration and expansion on earlier evidence – other evidence generally accepted by Authority – whether adverse credibility finding legally unreasonable – rational and intelligible reasons provided – identification of inconsistency not illogical or irrational – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 36, 473DC

Cases cited: Applicant NAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] HCA 62; (2004) 221 CLR 1 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; (2016) 253 FCR 496 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DOF16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3539 Miller v Jackson [1977] QB 966 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZTFQ v Minister for Immigration and Border Protection [2017] FCA 562 VAAD v Minister for Immigration & Multicultural Affairs [2005] FCAFC 117