AIB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1384

AIB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1384 Appeal from:

File number:

Judgment of: DERRINGTON J

Date of judgment: 4 December 2024

Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review – whether Immigration Assessment Authority (IAA) acted illogically or irrationally in concluding that information was not "credible personal information" for s 473DD of the Migration Act 1958 (Cth) (the Act) – whether IAA failed to consider integers of claims or evidence – whether any failure to consider was material – whether IAA's reasoning in relation to second appellant's claims or evidence was illogical or irrational – whether IAA erred in failing to invite second appellant to interview under s 473DC of the Act – no jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth)

AAI20 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2024] FCA 1223 AAZ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 407 ABT17 v Minister for Immigration and Border Protection (2020) 269 CLR 439 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 BHL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 277 FCR 420 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DPI17 v Minister for Home Affairs (2019) 269 FCR 134 DPT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 15 Cases cited: EHF17 v Minister for Immigration and Border Protection (2019) 272 FCR 409 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Minister for Home Affairs v DUA16 (2020) 271 CLR 550 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Singh v Minister for Home Affairs (2019) 267 FCR 200 SZSXH v Minister for Immigration and Border Protection [2014] FCA 914 Ultimate Vision Inventions Pty Ltd v Innovation and Science Australia (2023) 297 FCR 143