Federal Court of Australia
Federal Court of Australia
AIT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1627 Appeal from: AIT17 v Minister for Immigration and Anor [2020] FCCA 785
File number: NSD 469 of 2020
Judgment of: WHEELAHAN J
Date of judgment: 10 November 2020
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority not to grant the appellant a visa – whether the Authority acted legally unreasonably in failing to consider the possibility that it was wrong in its finding of past fact that the Sri Lankan authorities did not suspect the appellant of being a Liberation Tigers of Tamil Eelam member or supporter – whether the Authority erred in considering the risk to the appellant at the airport if he was returned to Sri Lanka – appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a) and (aa), and 473DD
Cases cited: AAM15 v Minister for Immigration and Border Protection [2015] FCA 804; 231 FCR 452 ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 AUS17 v Minister for Immigration and Border Protection [2020] HCA 37 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Davis v Bunn [1936] HCA 44; 56 CLR 246 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 5; 237 FCR 1 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99 Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22; 191 CLR 559 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Minister for Immigration and Multicultural Affairs v Rajalingham [1999] FCA 719; 93 FCR 220 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 977 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
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