EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182

Federal Court of Australia

EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182 Appeal from: EQU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 609

File number: NSD 712 of 2022

Judgment of: RAPER J

Date of judgment: 5 October 2023

Catchwords: MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) affirming a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate not to grant a protection visa – whether the Tribunal made a finding that was illogical, irrational or not based on evidence – whether the Tribunal incorrectly applied s 423A of the Migration Act 1958 (Cth) – appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth) s 13(1) Migration Act 1958 (Cth) ss 5AAA, 5J(1), 65, 423A, 423A(1), 423A(2), 430, 430(1)(c), 501 Migration Amendment (Protection and Other Measures) Act 2015 (Cth) Explanatory Memorandum of the Migration Amendment (Protection and Other Measures) Bill 2014 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; 236 FCR 593 ASJ22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 476 Commissioner of Taxation v Addy [2020] FCAFC 135; 280 FCR 46 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; 168 ALR 407 SZUHJ v Minister for Immigration and Border Protection [2018] FCA 331 XFKR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 167; 280 FCR 535 XRZG v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 783