FLD18 v Minister for Home Affairs [2022] FCA 676

Federal Court of Australia

FLD18 v Minister for Home Affairs [2022] FCA 676 Appeal from: FLD18 v Minister for Home Affairs [2020] FCCA 87

File number(s): ACD 4 of 2020

Judgment of: O'CALLAGHAN J

Date of judgment: 10 June 2022

Catchwords: MIGRATION – appeal from decision refusing application for judicial review of a decision of a delegate of the respondent – bogus documents – excluded fast track review applicant – where respondent accepted that delegate made a factual error in finding that the appellant had failed to produce his identity document in his protection visa interview – where primary judge found the identity document was one of five documents found to be bogus or counterfeit by the delegate – where primary judge found there were multiple adverse credit findings against the appellant which had nothing to do with the identity document – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 5, 5(1), 5(1)(a)(vi), 5(9), 5(9)(c), 5H(1), 36, 36(2)(a), 36(2)(aa), 57, 91WA, 91WA(1), 91WA(2)

Cases cited: Chang v Neill (2019) 62 VR 174 DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 MZAPC v Minister for Immigration and Border Protection (2021) 95 ALJR 441; [2021] HCA 17

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights