Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1256

Federal Court of Australia

Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1256 Appeal from: Nguyen v Minister for Immigration & Anor [2021] FCCA 212

File number: NSD 184 of 2021

Judgment of: LOGAN J

Date of judgment: 25 August 2021

Catchwords: MIGRATION – appeal from the decision of the Federal Circuit Court to affirm the decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal had made certain credibility findings of the appellant – where decision of Tribunal was based on a state of satisfaction – whether the findings of the Tribunal were irrational, illogical or unreasonable – where Tribunal had made an error in misstating the relevant year that the appellant had attended a college with a named individual – held: the error was not material and other factors were capable of supporting the Tribunal's conclusion – whether s 359A of the Migration Act 1958 (Cth) had been complied with –where transcript reveals allegations were put to appellant – held: non-compliance was not demonstrated – appeal dismissed

Legislation: Marriage Act 1961 (Cth) s 94 Migration Act 1958 (Cth) ss 5F, 65, 359A, 359AA

Cases cited: Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441 Nguyen v Minister for Immigration & Anor [2021] FCCA 212 SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 (SZLGP) SZNKO v Minister for Immigration and Citizenship (2010) 184 FCR 505 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253