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Federal Court Cases - Migration Law - 12 November 2020
| BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189 Full Court of the Federal Court of Australia Murphy, O'Callaghan & Snaden JJ Migration law - Minister's delegate refused to grant appellant a Temporary Protection (Class XD) (subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Judge Mercuri of Federal Circuit Court dismissed judicial review application - whether erroneous failure to find Authority engaged in 'irrational or illogical reasoning' in findings concerning credibility of appellant - 'high degree of caution' required before finding jurisdictional arising from 'adverse credit findings' - whether erroneous failure to undertake 'appropriate predictive exercise' in making decision whether there was 'real chance' appellant would 'suffer serious harm if returned to Pakistan' - whether inadequacy of reasons - held: appeal dismissed. BJO18 |
| CJE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1620 Federal Court of Australia Beach J Migration law - Minister's delegate refused to grant appellant a Temporary Protection visa - Immigration Assessment Authority affirmed delegate's decision - Judge Street of Federal Circuit Court dismissed judicial review application - whether Authority's finding that appellant 'would return to Karbala' irrational - whether finding 'inconsistent with other findings' - whether finding reached without properly considering applicant's reasons for relocation - whether failure to give 'proper contextual consideration' to appellant's evidence - whether 'illogicality or irrationality' - whether Authority unreasonable in failing 'to exercise or consider exercising' power under s473DC(3) Migration Act 1958 (Cth) 'to interview or get new information from' appellant concerning place he would return to - held: Authority unreasonably failed to consider exercising power under s473DC(3) Migration Act, or alternatively failed to exercise it - failure was material - appeal allowed. CJE19 |
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