EPU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 49

Federal Court of Australia

EPU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 49 Appeal from: EPU17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 322

File number: VID 229 of 2022

Judgment of: MCEVOY J

Date of judgment: 3 February 2023

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister not to grant a Protection (Subclass 866) visa – where appellant claimed to fear persecution if returned to his country from money lenders - where appellant is a Malaysian citizen – where the Tribunal formed an adverse view of the appellant's credibility – where Federal Circuit and Family Court of Australia (Division 2) was satisfied findings were open to the Tribunal – no jurisdictional error on the part of the Tribunal or the Court below – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa), 430 Federal Court Rules 2011 (Cth) r 36.57

Cases cited: AON15 v Minister for Immigration and Border Protection [2019] FCAFC 48 Applicant WAEE v Minister for Immigration and Multicultural Affairs (2003) 236 FCR 593; [2003] FCAFC 184 August v Commissioner of Taxation [2013] FCAFC 85; (2013) 94 ATR 376 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513; [2015] FCAFC 83 Chen v Minister for Immigration and Citizenship [2011] FCAFC 56 CKL21 v Minister for Home Affairs (2022) 401 ALR 647; [2022] FCAFC 70 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496; [2016] FCAFC 146 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Minister for Immigration and Citizenship v SZNPG (2010) 115 ALD 303; [2010] FCAFC 51 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317 Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426; [2001] FCA 274 NABE v Minister for Immigration and Multicultural Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 Plaintiff M1/2021 v the Minister for Home Affairs (2022) 96 ALJR 497; [2022] HCA 17 Sami v Minister for Immigration and Citizenship [2013] FCAFC 128