Federal Court of Australia
Federal Court of Australia
EWH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1451 Appeal from: EWH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 618
File number: NSD 346 of 2021
Judgment of: HALLEY J
Date of judgment: 22 November 2021
Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – review of decision of the Administrative Appeals Tribunal (Tribunal) to affirm a decision of a delegate of the Minister for Home Affairs (Delegate) not to grant Liberian citizen a protection (Class XA) visa – whether appellant faced a well-founded fear of persecution upon return to Liberia due to his family's conversion from Voodooism to Christianity – where Tribunal conducted its own internet searches – whether Tribunal constructively failed in its duty to review corroborating evidence – where Tribunal engaged in an "active intellectual process" with relevant matters or criteria – where Tribunal is not required to refer to every piece of evidence before it – where decision was not illogical or irrational – where Tribunal's finding that the appellant could rely on assistance from connections in Liberia was an unwarranted assumption but where this finding was not material – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 65, 476, 501
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 DQM18 v Minister for Home Affairs (2020) 278 FCR 529; [2020] FCAFC 110 ETA067 v The Republic of Nauru (2018) 360 ALR 228; [2018] HCA 46 EWH20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 618 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 755
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