CDK16 v Minister for Immigration and Border Protection [2020] FCA 1837

Federal Court of Australia

CDK16 v Minister for Immigration and Border Protection [2020] FCA 1837 Appeal from: CDK16 v Minister for Immigration & Anor [2018] FCCA 3626

File number(s): NSD 24 of 2019

Judgment of: GREENWOOD J

Date of judgment: 21 December 2020

Catchwords: MIGRATION – consideration of whether the Administrative Appeals Tribunal engaged in jurisdictional error in undertaking or purporting to undertake its review jurisdiction under Part 7 of the Migration Act 1958 (Cth) (the "Act") in deciding that 10 statements put to the Tribunal by the appellant were not reliable and that it was not necessary to obtain oral evidence from any one of the corroborative witnesses – consideration of whether there was an evident and intelligible basis for the Tribunal's decision not to seek oral evidence from any one of the corroborating witnesses – consideration of the evidence of the corroborating witnesses and the topics addressed by that evidence in the context of the factual claims made by the appellant to hold a well-founded fear of persecution and the claims to be fearful of a real risk of significant harm should the appellant return to Ethiopia MIGRATION – consideration of whether particular factual findings were open to challenge on the ground of legal unreasonableness and the ground of irrationality in circumstances where the Tribunal made findings of fact without obtaining oral evidence from any of the corroborating witnesses MIGRATION – consideration of contended mistranslations of the evidence of the appellant given at a hearing before the Tribunal – consideration of the translations put forward by the interpreter at the hearing and the translations given by an expert in unchallenged evidence before the primary judge