Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FOE17 [2020] FCAFC 73 (27 April 2020) (Nicholas, Markovic and Lee JJ)


Catchwords:


MIGRATION – appeal from orders made in the Federal Circuit Court of Australia quashing a decision by the Administrative Appeals Tribunal (Tribunal) – where the Tribunal had affirmed a decision of a delegate of the appellant refusing the first respondent a protection visa pursuant to s 91WA of the Migration Act 1958 (Cth) – where the first respondent had claimed to be a Sri Lankan citizen in his visa application – where the Tribunal found that the first respondent had provided bogus documents as evidence of his identity, nationality or citizenship without a reasonable excuse for doing so – where the Tribunal found that the first respondent was a citizen of the United Kingdom (UK) – where the primary judge found that jurisdictional error was established by the Tribunal’s failure to make an obvious inquiry of UK authorities as to whether the first respondent’s UK passport was genuine or had been fraudulently obtained – whether the primary judge erred in finding that the Tribunal erred by failing to make that inquiry – whether that inquiry was obvious – appeal allowed