Recent Cases

Plaintiff S183/2021 v Minister for Home Affairs [2022] HCA 15 (21 April 2022) (Gordon J)


Catchwords:


Immigration – Refugees – Application for protection visa – Where plaintiff invited to attend protection visa interview in Melbourne – Where delegate of Minister sent plaintiff letters under ss 56 and 57 of Migration Act 1958 (Cth) requesting further information and inviting plaintiff to comment on information – Where plaintiff lived in Sydney, suffered from mental health issues, was experiencing homelessness and was not fluent in English – Where plaintiff failed to attend interview and failed to respond substantively to letters – Where delegate offered to reschedule interview in Sydney – Where plaintiff did not understand interview offered in Sydney and did not attend – Where delegate exercised discretion under s 62 of Migration Act to refuse to grant visa without taking further action to obtain additional information from plaintiff – Where delegate found plaintiff’s claims not credible for reasons including plaintiff’s failure to attend interview and respond to letters – Whether delegate acted unreasonably in exercising discretion under s 62 – Whether delegate reasoned illogically, irrationally or unreasonably in rejecting plaintiff’s claims – Whether delegate failed to comply with requirements of s 57 to give particulars of relevant information to plaintiff and to ensure as far as reasonably practicable that plaintiff understood why information was relevant – Whether delegate failed to comply with s 499(2A) of Migration Act by failing to take into account relevant country information as required by direction given under s 499(1).

Words and phrases – “adverse credibility findings”, “country information”, “credibility”, “further information”, “interview”, “outcome and process”, “relevant information”, “s 56 letter”, “s 57 letter”, “unreasonableness”.