Federal Court of Australia
Federal Court of Australia
ADG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1629 Appeal from: ADG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3408
File number: NSD 27 of 2021
Judgment of: STEWART J
Date of judgment: 21 December 2021
Catchwords: MIGRATION – where appellant gave conflicting accounts of being detained by the Sri Lankan Army – where account contained discrepancies in relation to when and where the alleged incident occurred – where appellant gave numerous explanations for giving conflicting accounts – where two of three explanations expressly rejected by the Immigration Assessment Authority – where Authority did not mention third explanation – whether the Authority erred in failing to address the third explanation
Cases cited: Applicant WAEE v Minister for Immigration [2003] FCAFC 184; 75 ALD 630 BVD17 v Minister for Immigration and Border Protection [2019] HCA 34; 268 CLR 29 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Minister for Immigration v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration v SZSRS [2014] FCAFC 16; 309 ALR 67
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 29
Date of hearing: 17 December 2021
Counsel for the Appellant: J Donnelly
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