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Federal Court held the RAD’s refugee decision unreasonable, citing unsupported credibility inferences and failure to engage with HIV-related evidence.
The Tribunal found on the balance of probabilities that the complainant suffered from a diagnosed anxiety disorder that caused functional limitations preventing performance of unpredictable Spareboard duties; OHS removed temporary restrictions and failed to accommodate, causing eighteen months off work and resulting wage loss and non‑pecuniary harms. The family status claim failed because the complainant did not establish that the Adult Child required exclusive parental care as a legal/therapeutic necessity nor that reasonable alternative caregiving solutions were explored; all retaliation cl…
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