AAV21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 863

Federal Court of Australia

AAV21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 863 Appeal from: AAV21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 1027

File number: NSD 1478 of 2023

Judgment of: ROFE J

Date of judgment: 8 August 2024

Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) – where delegate of first respondent refused to grant the appellant a protection visa under s 65 of Migration Act 1958 (Cth) – where primary judge affirmed delegate's decision – where Federal Circuit Court dismissed application for judicial review of Authority's decision – whether the Administrative Appeals Tribunal made a finding that was illogical, irrational or not based on evidence – whether the Tribunal incorrectly applied s 423A of the Act – grounds of appeal concerning the credibility of supporting evidence – no jurisdictional error identified – appeal dismissed with costs

Legislation: Migration Act 1958 (Cth)

Cases cited: AAV21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 1027 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407