BFD17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 887

Federal Court of Australia

BFD17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 887 Appeal from: BFD17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 70

File number(s): NSD 175 of 2022

Judgment of: BURLEY J

Date of judgment: 2 August 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia dismissing an application for judicial review of the decision of the Administrative Appeals Tribunal affirming the decision of a delegate of the Minister to refuse to grant the appellants protection visas – rejection of appellants' evidence due to lack of credit – whether failure to consider evidence of corroborating witnesses – failure established – appeal allowed.

Cases cited: BFD17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 70 BHM15 v Minister for Immigration and Border Protection [2018] FCA 917 BTF15 v Minister for Immigration and Border Protection [2016] FCA 647 BXK15 v Minister for Immigration and Border Protection [2018] FCAFC 76 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZNSP [2010] FCAFC 50 Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) [2003] HCA 30; 73 ALD 1 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 168 ALR 407 SZDGC v Minister for Immigration and Citizenship [2008] FCA 1638; (2008) 105 ALD 25 WAIJ v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 74; (2004) 80 ALD 568