Federal Court of Australia
Federal Court of Australia CQO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 97 Appeal from:
File number(s):
Judgment of: NEEDHAM J
Date of judgment: 21 February 2025
Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Immigration Assessment Authority in respect of an "unauthorised maritime arrival" – where Authority affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – where Authority made adverse credibility findings – where factual findings material to the outcome made without a reasoned factual basis – Authority's decision was irrational
Legislation: Migration Act 1958 (Cth) Pt 7AA, ss 5H, 5J, 36, 65, 473BB, 473DD, 496
ASB17 v Minister for Home Affairs (2019) 268 FCR 271; [2019] FCAFC 38 AVQ15 v Minister for Immigration (2018) 266 FCR 83; [2018] FCAFC 133 BQQ15 v Minister for Home Affairs [2019] FCAFC 218 CQO23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 591 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 EVI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 518 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Cases cited: LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Plaintiff S183/2021 v Minister for Home Affairs (2022) 96 ALJR 464; [2022] HCA 15 Re Minister for Immigration and Multicultural Affairs; ex parte S20/2002 [2003] HCA 30 SAAK v Minister for Immigration (2002) 121 FCR 185; [2002] FCA 367 SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 W375/01A v Minister for Immigration [2002] FCA 379
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