BMM18 v Minister for Home Affairs [2020] FCA 785
The Tribunal's findings regarding the applicant's credibility and fabrication of her claims were open based on the evidence; adverse credibility findings did not engage notice obligations under s424A or s424AA. Reference to PIC 4020 did not constitute a threshold material jurisdictional error. The appeal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 05 June 2020
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['jurisdictional Error' 'judicial Review' 'procedural Fairness' 'protection Visa Criteria' 'credibility' 'irrelevant Consideration' 'pic 4020' 'section 424 a and 424 AA Requirements']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ["Whether the Tribunal's findings as to fabrication and credibility were unsupported by evidence, irrational or unreasonable and thus jurisdictional error" "Whether the Tribunal's consideration of Public Interest Criterion 4020 (PIC 4020) was an irrelevant consideration" 'Whether the Tribunal failed to afford procedural fairness by not complying with s424A and s424AA of the Migration Act 1958 (Cth)']
Ratio Decidendi
The Tribunal's findings regarding the applicant's credibility and fabrication of her claims were open based on the evidence; adverse credibility findings did not engage notice obligations under s424A or s424AA. Reference to PIC 4020 did not constitute a threshold material jurisdictional error. The appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.' 'The appellant pay the costs of the first respondent of and incidental to the appeal.']
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