BHG20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 391

Federal Court of Australia

BHG20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 391 Appeal from: BHG20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 324

File number(s): VID 271 of 2022

Judgment of: ANDERSON J

Date of judgment: 2 May 2023

Catchwords: MIGRATION – Administrative Appeals Tribunal's affirmation of a decision of delegate of the first respondent to refuse to grant the appellant a Subclass XA-866 Permanent Protection visa – Appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing appellant's application for judicial review of Tribunal's decision – Whether Tribunal failed to consider allegedly corroborative evidence relevant to Appellant's claim – Where it is improbable that Tribunal failed to consider allegedly corroborative evidence – Where Tribunal not required to separately give reasons for dismissing allegedly corroborative evidence – Where allegedly corroborative evidence was not capable of addressing the Tribunal's concerns about the appellant's claim – Appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 256 FCR 593 BNB17 v Minister for Immigration and Border Protection [2020] FCA 304 ETA067 v Republic of Nauru (2018) 92 ALJR 1003 360 ALR 228 Khalil v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 26 Minister for Home Affairs v Buadromo (2018) 267 FCR 320 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Pearson v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 22