DZAAQ v Minister for Immigration and Citizenship [2012] FCA 989

DZAAQ v Minister for Immigration and Citizenship [2012] FCA 989

The Federal Magistrate did not err in refusing to set aside the independent merits review decision. The Reviewer was entitled to assess the appellant's credibility by reference to inconsistencies, implausibility and the absence of supporting material, and did not impose an impermissible burden of proof by saying that the appellant had to convince or persuade him that the Convention requirements were made out. The statement that plausibility was a necessary first step in assessing credibility was unobjectionable in context. There was no basis to conclude that the Reviewer misunderstood the Convention issues or that his consideration miscarried.

Jurisdiction
Australia
Judgment Date
10 September 2012
Procedural Posture
Migration Appeal Concerning Protection Obligations and Independent Merits Review / Appeal From the Federal Magistrates Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'independent Merits Review' 'well Founded Fear of Persecution' 'convention Reason' 'imputed Political Opinion' 'particular Social Group' 'credibility Findings' 'burden of Proof' 'corroboration' 'plausibility Assessment']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'independent Merits Review' 'well Founded Fear of Persecution' 'convention Reason' 'imputed Political Opinion' 'particular Social Group' 'credibility Findings' 'burden of Proof' 'corroboration' 'plausibility Assessment']

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Procedural Posture

Migration Appeal Concerning Protection Obligations and Independent Merits Review / Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ["Whether the Federal Magistrate erred in not finding that the Reviewer imposed an onus or burden of proof or particular standard of proof by requiring the appellant's claims to be substantiated or corroborated." 'Whether the Federal Magistrate erred in not finding that the Reviewer misunderstood or misconstrued the Refugees Convention test or established legal principles by treating plausibility as a necessary first step in assessing credibility.' 'Whether the Reviewer misunderstood the issues he had to address in determining whether the appellant had a well-founded fear of persecution for a Convention reason.']

Ratio Decidendi

The Federal Magistrate did not err in refusing to set aside the independent merits review decision. The Reviewer was entitled to assess the appellant's credibility by reference to inconsistencies, implausibility and the absence of supporting material, and did not impose an impermissible burden of proof by saying that the appellant had to convince or persuade him that the Convention requirements were made out. The statement that plausibility was a necessary first step in assessing credibility was unobjectionable in context. There was no basis to conclude that the Reviewer misunderstood the Convention issues or that his consideration miscarried.

Court Disposition

Appeal dismissed with costs.

Orders

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