FDB17: Federal Court dismisses appeal over corroborating witness evidence

A protection visa appeal examined the former AAT’s decision not to take oral evidence from nominated witnesses.

Australia Migration NewsPublished 31 Oct 2026 · Development 29 Oct 2026

AT A GLANCE

The appeal was dismissed, with costs.
The dispute concerned the exercise of a discretion to receive witness evidence.
The decision concerns an earlier AAT review and its statutory framework.

The issue

In FDB17 v Minister for Immigration, Citizenship and Multicultural Affairs, O’Callaghan J considered a challenge to the former AAT’s refusal to obtain oral evidence from four nominated witnesses in a protection matter.

The outcome

The Federal Court dismissed the appeal on 29 October 2026 and ordered the appellant to pay the Minister’s costs. The reasons address the discretion under the then applicable sections 426(3) and 427, and the Tribunal’s assessment of the written evidence and credibility.

Reading the decision

The reasons at [1]–[3] identify the appeal issue and statutory discretion. Read the complete judgment before applying its reasoning to another matter; the procedural legislation and evidence in a current ART case may differ.

PRIMARY SOURCE

Federal Court of Australia

[2026] FCA 1612

Read the primary source

Source checked 31 Oct 2026. Later developments may affect this report.

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FDB17: Federal Court dismisses appeal over corroborating witness evidence

The issue

The outcome

Reading the decision

Federal Court of Australia

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