Federal Court of Australia
Federal Court of Australia
ATS17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 226 Appeal from: ATS17 v Minister for Immigration & Anor [2020] FCCA 1926
File number: NSD 883 of 2020
Judgment of: LEE J
Date of judgment: 16 March 2021
Catchwords: MIGRATION – Iranian citizen claiming protection visa – allegedly became disillusioned with Islam and converted to Christianity – attended Liberty Baptist Church in Sydney – baptised after one week – evidence given by Pastor – whether Tribunal failed to comply with s 424A of the Migration Act 1958 (Cth) (Act) by not giving particulars of Pastor's evidence – what constitutes "information" for the purposes of s 424A of Act – material that contains in its terms a rejection, denial or undermining of the relevant persons claim – does not encompass inconsistencies between evidence – not "information" within meaning of s 424A of Act – whether Tribunal erred in failing to "invite" the appellant under s 425 of Act in relation to oral evidence of Pastor – Tribunal not required to give appellant running commentary on its evaluation of evidence – appellant put on notice of issues arising in relation to decision under review – no error – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 441A, 424A and 425
Cases cited: ATS17 v Minister for Immigration & Anor [2020] FCCA 1926 BVE16 v Minister for Immigration and Border Protection [2018] FCA 922; (2018) 261 FCR 148 CMA17 v Minister for Immigration and Border Protection [2018] FCA 655 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 MZXBQ v Minister for Immigration and Citizenship [2008] FCA 319; (2008) 166 FCR 483 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24; (2005) 228 CLR 294 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 81 ALJR 1190 SZJBD v Minister for Immigration and Citizenship [2009] FCAFC 106; (2009) 179 FCR 109 Acts of the Apostles (Acts 9:1–19)
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