DCU18 v Minister for Home Affairs [2020] FCA 1817

Federal Court of Australia

DCU18 v Minister for Home Affairs [2020] FCA 1817 Appeal from: DCU18 v Minister for Home Affairs [2019] FCCA 1458

File number(s): WAD 327 of 2019

Judgment of: MORTIMER J

Date of judgment: 21 December 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court – where the Immigration Assessment Authority relied on discrepancies between age determination interview, entry interview and SHEV application interview – whether IAA failed to consider relevant information – irrationality – whether exercise of power legally unreasonable – appeal allowed.

Legislation: Migration Act 1958 (Cth)

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; 383 ALR 407 AIC16 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 531 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 266 FCR 83 BDY18 v Minister for Immigration and Border Protection [2020] FCAFC 24; 273 FCR 170 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 DPI17 v Minister for Home Affairs [2019] FCAFC 43; 269 FCR 134 DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Raibevu v Minister for Home Affairs [2020] FCAFC 35 W375/01A v Minister for Immigration and Multicultural Affairs [2002] FCAFC 89; 67 ALD 757