DJL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 451

DJL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 451

The Tribunal's findings, including the determination that Fijian authorities would tolerate the appellant’s political blogs and the adverse credibility finding regarding fabrication of the detention claim, were supported by evidence and reasoning, and were not legally unreasonable, irrational, or illogical. Judicial review does not require the primary judge or Tribunal to address every piece of evidence or submission; delay and omission are valid bases for adverse credibility findings. The appeal is accordingly dismissed.

Parties
Appellant: DJL19; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Jurisdictional Error, Country Information, Reasonable Findings, Fabrication of Claims
Migration Law Administrative Law Protection Visa Jurisdictional Error Country Information Reasonable Findings Fabrication of Claims

Case Brief

Summary, issues, holding and outcome

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Parties

DJL19

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred by making findings not open to it regarding tolerance of the appellant's political blogs.
  2. 2 Whether the Tribunal acted legally unreasonably or illogically by failing to take into account relevant parts of country information.
  3. 3 Whether the Tribunal acted unreasonably in making a finding that the appellant had fabricated his detention claim.

Ratio Decidendi

The Tribunal's findings, including the determination that Fijian authorities would tolerate the appellant’s political blogs and the adverse credibility finding regarding fabrication of the detention claim, were supported by evidence and reasoning, and were not legally unreasonable, irrational, or illogical. Judicial review does not require the primary judge or Tribunal to address every piece of evidence or submission; delay and omission are valid bases for adverse credibility findings. The appeal is accordingly dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The Appellant is to pay the First Respondent's costs of and incidental to the appeal, to be agreed or assessed failing agreement.