DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 296

Federal Court of Australia

DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 296 Appeal from: DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1954

File number: QUD 302 of 2021

Judgment of: THOMAS J

Date of judgment: 3 April 2023

Catchwords: MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of the Immigration Assessment Authority (IAA) – where the first appellant was held to give inconsistent accounts – whether the primary judge erred by failing to find the IAA's decision was not legally unreasonable and/or irrational with respect to the inconsistencies – whether the primary judge erred by failing to find that the IAA did not fail to consider the cumulative risk of the appellants' claims for protection – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175, [2018] FCAFC 2 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1954 EGY18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 796 Minister for Immigration and Border Protection v DDK16 [2017] FCAFC 188 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210; [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 SZTZY v Minister for Immigration and Border Protection [2018] FCA 911