BCL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application for a constitutional writ under s 476 of the *Migration Act 1958* (Cth) brought by the applicant, a citizen of Fiji, against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on the Administrative Appeals Tribunal's decision of 17 February 2019, which affirmed a delegate's refusal to grant the applicant a Protection (Class XA) Visa. The applicant's claims for protection were based on fears of harm due to his sexuality and appearance in Fiji.

The court was required to determine whether the Tribunal's decision was affected by jurisdictional error. Specifically, the applicant contended that the Tribunal failed to provide him with adequate notice of adverse information under s 424A of the Act, and that the Tribunal's adverse credibility findings were illogical, irrational, or unreasonable. The Tribunal had indicated it was prepared to accept the applicant was homosexual but found his evidence regarding alleged incidents of harm to be inconsistent, non-credible, fabricated, and exaggerated.

Street J reasoned that the Tribunal had provided the applicant with a letter under s 424A of the Act, which detailed the particulars of information the Tribunal considered would be the reason, or part of the reason, for affirming the delegate's decision. This letter included information concerning the applicant's Facebook account and inferences about his ability to work in Fiji. The Tribunal's detailed reasons for its adverse credibility findings, which addressed these matters and found the applicant not to be a witness of truth, were open to the Tribunal and were not illogical, irrational, or unreasonable. The Tribunal considered and rejected explanations for the inconsistencies in the applicant's evidence, such as difficulties with dates, memory, nervousness, or language barriers.

The application for a constitutional writ was dismissed.