CVT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1046

Federal Court of Australia

CVT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1046 Appeal from: CVT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1990

File number: WAD 187 of 2021

Judgment of: BANKS-SMITH J

Date of judgment: 12 September 2024

Catchwords: MIGRATION - appeal from decision of the Federal Circuit Court of Australia dismissing review of fast track reviewable decision of Immigration Assessment Authority - where Authority affirmed decision of the delegate of the Minister to refuse the grant of a protection visa - where the appellants claim Authority acted legally unreasonably in rejecting claims of abuse made by the first appellant - whether Authority unreasonably found inconsistencies in the first appellant's evidence - whether Authority misinterpreted the first appellant's evidence - where the appellants claim the Authority acted unreasonably in failing to consider interviewing the first appellant about the abuse claims pursuant to s 473DC of the Migration Act 1958 (Cth) - whether Authority's reasons or communication with the first appellant disclose consideration of its power in s 473DC - whether primary judge erred in failing to find that the Authority's decision was legally unreasonable - appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Migration Act 1958 (Cth) ss 5AA, 36, 473CB, 473DC, 473DD, 473DE, Part 7AA

Cases cited: ABT17 v Minister for Immigration and Border Protection [2020] HCA 34; (2020) 269 CLR 439 ASB17 v Minister for Home Affairs [2019] FCAFC 38; (2019) 268 FCR 271 AYT18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 597 BDV17 v Minister for Immigration and Border Protection [2019] HCA 34; (2019) 268 CLR 29 BEL16 v Minister for Home Affairs [2019] FCA 1678 BNGP v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 111; (2023) 298 FCR 609 CBN18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2190; (2019) 272 FCR 513 CPP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 199 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551 DPI17 v Minister for Home Affairs [2019] FCAFC 43; (2019) 269 FCR 134 DWA17 v Minister for Immigration and Border Protection [2019] FCAFC 160; (2019) 272 FCR 152 DYK16 v Minister for Immigration and Border Protection [2018] FCAFC 222; (2018) 267 FCR 69 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Minister for Immigration and Border Protection v CRY16 [2017] FCAFC 210; (2017) 253 FCR 475 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; (2021) 273 CLR 506 MZYSU v Minister for Immigration and Citizenship [2012] FCA 1073 MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80; (2014) 239 FCR 436 Northern Land Council v Quall (No 3) [2021] FCAFC 2 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZVAP v Minister for Immigration and Border Protection [2015] FCA 1089; (2015) 233 FCR 451