EVI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 518

Federal Court of Australia

EVI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 518 Appeal from: EVI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1105

File number: NSD 594 of 2021

Judgment of: STEWART J

Date of judgment: 6 May 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court dismissal of an application for review of a decision of the Immigration Assessment Authority ("IAA") in respect of an "unauthorised maritime arrival" – where IAA affirmed a decision of a delegate of the Minister not to grant the appellant a protection visa – where IAA made adverse credibility findings – where IAA embarked upon a "quest to disbelieve" and rejected every integer of the appellant's claims – where numerous factual findings made irrationally and without any evidential basis – where findings of inconsistency not explained and their significance assessed – where reasons cursory; even perfunctory – whether decision unreasonable – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 46A, 473CA, 473CC

Cases cited: ASB17 v Minister for Home Affairs [2019] FCAFC 38; 368 FCR 271 AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133; 266 FCR 83 AWU16 v Minister for Immigration and Border Protection [2020] FCA 513 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 CGQ15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; 258 FCR 175 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 397 ALR 1 DQM18 v Minister for Home Affairs [2020] FCAFC 110; 278 FCR 529 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 Republic of Nauru v WET040 (No 2) [2018] HCA 60; 362 ALR 235 SZFTQ v Minister for Immigration and Border Protection [2017] FCA 562 SZHYH v Minister for Immigration and Border Protection (No 3) [2019] FCA 589; 165 ALD 463 SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 W375/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 89; 67 ALD 757 Hathaway J and Foster M, The Law of Refugee Status (CUP, 2nd ed, 2014)