CGS19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 968

Federal Court of Australia

CGS19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 968 Appeal from: CGS19 v Minister for Immigration & Anor [2020] FCCA 2045

File number: QUD 281 of 2020

Judgment of: RANGIAH J

Date of judgment: 17 August 2021

Catchwords: MIGRATION – Migration Act 1958 (Cth) – application for judicial review of a decision of the Federal Circuit Court of Australia – whether the Tribunal conflated membership of an ethnic group with membership of a criminal group – whether the Tribunal misapplied the statutory criteria and relevant principles when making an adverse credibility finding against the appellant – whether the Tribunal conflated its findings under the refugee criterion and the complementary protection criterion – whether the Tribunal failed to give genuine, proper or realistic consideration to the appellant's claims – whether the Tribunal's findings lacked logic and were made on an insufficient evidentiary basis – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5J(4)(b), 36(2)(a), 36(2)(aa), 36(2A), 36(2B) and 36(2C)

Cases cited: CGS19 v Minister for Immigration & Anor [2020] FCCA 2045 DQU16 v Minister for Home Affairs (2021) 388 ALR 363; [2021] HCA 10 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 SZJEH v Minister for Immigration and Citizenship [2007] FCA 1706 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZVAP v Minister for Immigration and Border Protection (2015) 233 FCR 451