DGQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 164

Federal Court of Australia

DGQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 164 Appeal from: DGQ16 v Minister for Immigration & Anor [2019] FCCA 2170

File number: NSD 1450 of 2019

Judgment of: STEWART J

Date of judgment: 2 March 2021

Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia which dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal had affirmed a decision of a delegate of the Minister to refuse to grant the appellant a Protection (Class XA) visa – where appellant had applied for protection under s 36(2)(aa) of the Migration Act 1958 (Cth) – where appellant claimed to fear harm because of his political activities, perceived wealth and the security situation in Nepal – where the Tribunal made adverse findings of credibility against the appellant – whether jurisdictional error was established – appeal dismissed with costs

Legislation: Migration Act 1958 (Cth) ss 36(2)(a)-(aa), 36(2A), 36(2B)(c), 422B, 424A, 425, 438

Cases cited: Ebner v Official Trustee in Bankruptcy [2000] HCA 63, 205 CLR 337 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17, 205 CLR 507 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 SZGIZ v Minister for Immigration and Citizenship [2013] FCAFC 71; 212 FCR 235

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights