DUY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1486

DUY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1486

The appeal was dismissed because the notice of appeal merely repeated grounds rejected below without identifying appellable error, the Tribunal's impugned factual findings and credibility concerns were supported by available inferences from the material, and any asserted errors were unlikely to have been material given the Tribunal's other adverse credibility and reliability findings.

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Migration Appeal / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visa
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'judicial Review' 'administrative Appeals Tribunal' 'absence of Evidence' 'probative Basis' 'credibility Findings' 'materiality']
['migration' 'administrative Law'] ['protection Visa' 'judicial Review' 'administrative Appeals Tribunal' 'absence of Evidence' 'probative Basis' 'credibility Findings' 'materiality']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Migration Appeal / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Protection Visa

Legal Issues

  1. 1 ['Whether the primary judge erred in rejecting the ground that the Tribunal had no probative basis for concluding that the appellant had coached girls before 2014.' "Whether the primary judge erred in rejecting the ground that the Tribunal had no probative basis for concerns about the veracity of the appellant's claim that the Taliban did not approach him personally to threaten him." "Whether any asserted errors were material to the Tribunal's decision."]

Ratio Decidendi

The appeal was dismissed because the notice of appeal merely repeated grounds rejected below without identifying appellable error, the Tribunal's impugned factual findings and credibility concerns were supported by available inferences from the material, and any asserted errors were unlikely to have been material given the Tribunal's other adverse credibility and reliability findings.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of and incidental to the appeal."]