AHZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 58

Federal Court of Australia

AHZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 58 Appeal from: AHZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 648

File number(s): VID 221 of 2021

Judgment of: O'CALLAGHAN J

Date of judgment: 4 February 2022

Catchwords: MIGRATION – appeal from decision dismissing application for review of a decision of the AAT – where AAT not satisfied that the applicants were non-citizens in respect of whom Australia had protection obligations under ss 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth) – where AAT made adverse credibility findings and disbelieved appellants' claims – whether AAT acted unreasonably or failed to interpret or apply ss 5H, 5J, 36(2)(a) and/or 36(2)(aa) of the Migration Act – whether AAT failed to have proper regard to a corroborative document provided by the appellant in making adverse credibility findings – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a), 36(2)(aa)

Cases cited: BZD17 v Minister for Immigration and Border Protection (2018) 263 FCR 292 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 97 CLR 611 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNPG [2010] FCAFC 51; (2010) 115 ALD 303 Minister for Immigration and Citizenship v SZNSP (2010) 184 FCR 485 WAJS v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 240 FCR 139