FIV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 158

Federal Court of Australia

FIV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 158 Appeal from: FIV17 v Minister for Immigration & Anor [2020] FCCA 702

File number: NSD 326 of 2020

Judgment of: MARKOVIC J

Date of judgment: 3 March 2023

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the second respondent (Tribunal) – whether the primary judge erred in finding that the Tribunal's findings were not attended by sufficient doubt to require consideration by the Tribunal of the possibility of the occurrence of alleged past events – whether the statement by the Tribunal that "there may be connections" amounts to an expression of real doubt about its conclusion in relation to certain events – whether the primary judge erred in finding that the Tribunal did not misunderstand the appellant's sur place claim – whether the primary judge erred in finding that the Tribunal did in fact give proper and genuine consideration to the appellant's evidence in support of his sur place claim – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36(2)(aa), 91R(3) (now repealed)

Cases cited: Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 50

Date of hearing: 20 February 2023

Counsel for the Appellant: The Appellant appeared in person