Federal Court of Australia
Federal Court of Australia
ASD17 v Minister for Immigration and Border Protection [2020] FCA 1653 Appeal from: ASD17 v Minister for Immigration [2019] FCCA 295
File number: NSD 502 of 2019
Judgment of: PERRAM J
Date of judgment: 16 November 2020
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissal of judicial review application of Immigration Assessment Authority ('Authority') decision under Migration Act 1958 (Cth) Pt 7AA – where Appellant provided letter in support that was inconsistent with own account – where Appellant's account rejected by Authority – whether illogical to reject credibility of letter based on inconsistency with rejected evidence MIGRATION – where Authority relied on failure by Appellant to mention being threatened by members of opposing political party at entry interview – whether omission relevant in light of questions asked – whether Authority's reliance irrational MIGRATION – where Authority did not consider exercising power to obtain new information – whether unreasonable to do so in circumstances of review
Legislation: Migration Act 1958 (Cth) ss 46A, 473CB, 473DA, 473DB, 473DC Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34 DBB16 v Minister for Immigration and Border Protection [2018] FCAFC 178; 260 FCR 447 DWA17 v Minister for Immigration and Border Protection [2019] FCAFC 160; 272 FCR 152 Fattah v Minister for Home Affairs [2019] FCAFC 31; 268 FCR 33 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; 253 FCR 475 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; 239 FCR 436 Paerau v Minister for Immigration and Border Protection [2014] FCAFC 28; 219 FCR 504 Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; 264 CLR 217
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