APM16 v Minister for Immigration and Border Protection [2018] FCA 157

APM16 v Minister for Immigration and Border Protection [2018] FCA 157

It was open to a rational decision maker to form the view that the appellant's evidence was unreliable due to failure to recount in oral evidence incidents detailed in his statutory declaration, despite multiple opportunities to do so. The Tribunal's reasoning was not illogical or unreasonable. Repeated questioning was sufficient to alert the appellant to the matters at issue, so procedural fairness was not denied.

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['jurisdictional Error' 'procedural Fairness' 'credibility Assessment' 'illogicality and Unreasonableness']
['administrative Law' 'migration Law'] ['jurisdictional Error' 'procedural Fairness' 'credibility Assessment' 'illogicality and Unreasonableness']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ["Whether it was illogical or unreasonable for the Tribunal to make adverse credibility findings based on differences between the appellant's oral and written evidence" 'Whether the appellant was denied procedural fairness as the Tribunal failed to give adequate opportunity to recount all incidents from his written statement']

Ratio Decidendi

It was open to a rational decision maker to form the view that the appellant's evidence was unreliable due to failure to recount in oral evidence incidents detailed in his statutory declaration, despite multiple opportunities to do so. The Tribunal's reasoning was not illogical or unreasonable. Repeated questioning was sufficient to alert the appellant to the matters at issue, so procedural fairness was not denied.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs, as agreed or assessed."]