Duu19 v Minister for Immigration

The applicant, Duu19, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) that refused their application for a protection visa. The core of the dispute revolved around the AAT's assessment of the applicant's credibility and its consideration of the complementary protection criterion. The matter came before Driver J in the Federal Court of Australia.

The primary legal issues before the Court were whether the AAT had breached section 424AA of the *Migration Act 1958* (Cth) and whether it had failed to properly apply the complementary protection criterion. The applicant contended that the Tribunal's adverse credibility findings were not adequately explained, thereby constituting a jurisdictional error.

Driver J found no jurisdictional error. The Court reasoned that section 424AA requires the Tribunal to give the applicant an opportunity to respond to adverse information, but it does not mandate a specific form of explanation for adverse credibility findings. The Tribunal's reasons, while critical of the applicant's evidence, were found to be sufficient to satisfy the requirements of the Act and to demonstrate that the complementary protection criterion had been properly considered. The Court concluded that the Tribunal's findings were open to it on the evidence before it.