Federal Court: "There are a number of troubling aspects of the Tribunal’s reasoning which could, at an impressionistic level at this stage, give rise to a successful appeal. Just by way of example, they include the following... The Tribunal appears to have held it against the applicant that he failed to provide explicit photographs of him and his partner engaging in homosexual sex to prove that he is homosexual".
To avoid doubt, the writer is not expressing an opinion about any decision, court, judge, justice, tribunal or any other bodies or individuals. This is a mere extract of a decision and should not be interpreted in any other way.
The Tribunal affirmed the Minister's decision to refuse to grant the Appellant a protection visa.
The Appellant then applied to the Federal Circuit Court (FCCA) for judicial review of the Tribunal's decision, but that application was dismissed. The Appellant eventually appealed the FCCA's decision to the Federal Court (FCA).
The FCA gave an "interim" judgement which included the paragraphs contained in the extract below.
The remainder of this article is only available to Case Law and Platinum subscribers.
Read our Terms & Conditions and upgrade below:
Where GST applies, the above amounts are inclusive of GST.
Basic Content includes basic news, some media articles and selected announcements.
Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.
Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.
Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.
If you already have a Case Law or Platinum subscription, click on 'Login' below.