GBY18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1517

Federal Court of Australia

GBY18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1517 Appeal from: GBY18 v Minister for Home Affairs & Anor [2020] FCCA 675

File number: ACD 15 of 2020

Judgment of: MARKOVIC J

Date of judgment: 15 December 2022

Catchwords: MIGRATION – application for an extension of time to appeal from orders made by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) – where the first respondent consents to the extension of time – application granted MIGRATION – appeal from orders made by the Federal Circuit Court dismissing an application for judicial review of a decision of the second respondent (Tribunal) – whether appellant denied procedural fairness – whether decisions were made without considering the issues – whether Tribunal ignored material it was required to look at – where Tribunal misunderstood the appellant's evidence in relation to the quantum of the interest payable on a loan – where the Tribunal's ultimate conclusion about the appellant's credibility did not rely in any significant way on the quantum of the interest payable – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 Gill v Minister for Immigration and Border Protection (2017) 250 FCR 309 Hasan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1194 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 402; [2003] FCAFC 231; 77 ALD 402 SZSEI v Minister for Immigration and Border Protection [2014] FCA 465 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 96 ALJR 819; [2022] HCA 28 WALN v Minister for Immigration, Multicultural and Indigenous Affairs [2006] FCAFC 131