FOW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1447

Federal Court of Australia

FOW17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1447 Appeal from: FOW17 & Anor v Minister for Immigration & Anor [2019] FCCA 3155

File number: SAD 265 of 2019

Judgment of: REEVES J

Date of judgment: 8 October 2020

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal (the Tribunal) – where the Tribunal affirmed a decision of the delegate of the Minister not to grant the appellants' protection visas – where documents said to be corroborative of the appellants' claims for protection were put before the Tribunal – where the Tribunal considered the documents after making adverse credibility findings – where the Tribunal gave the documents no weight – where the Tribunal considered the documents were susceptible to being fabricated – whether the primary judged erred in considering there was no logical failing in the order in which the Tribunal considered the documents – whether the primary judge erred in finding the Tribunal properly considered the documents – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 94 FOW17 & Anor v Minister for Immigration & Anor [2019] FCCA 3155 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485; [2010] FCAFC 50 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99; [2013] FCA 317 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30