In ABC19 v Minister for Immigration and Citizenship [2026] FCA 449, the Federal Court of Australia upheld an appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2). The appeal raised issues relating to the assessment of credibility and the Tribunal’s approach to evidence from corroborative witnesses. The Court accepted that a failure to consider whether the factual basis of supporting witnesses’ beliefs could inform the Tribunal’s assessment of credibility amounted to jurisdictional error and held that the Tribunal failed to comply with s 425 of the Migration Act 1958 (Cth) by conducting its hearing on the basis that the factual foundation for the witnesses’ belief was of no utility to its review. That misapprehension limited the opportunity afforded to the appellant to present evidence on a critical issue and deprived him of a realistic possibility of a different outcome in his protection visa application. The Court also accepted that the Tribunal failed to discharge its statutorily mandated task under s 414 of the Migration Act 1958 (Cth).
Chris Honnery appeared unled for the successful Appellant.
Reasons for judgment can be found on the link here.
