austlii:cth/FedCFamC2G/2026/389
General information, not legal advice.
FedCFamC2G
2026-03-13
Original judgment source is linked above.
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
MINISTER FOR MULTICULTURAL AFFAIRS AND CITIZENSHIP
Note: The form of the order is subject to the entry in the Court's records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographic, clerical or grammatical errors (r 24.04(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) (Rules), or to record a variation to the order pursuant to r 24.04(h) of the Rules.
(a) At Tribunal Decision (TD) [47]: the Tribunal found applicant's evidence lacked detail and in particular he could not provide specifics as to dates and the timing of his discussions with his late father about when he would join the Poro Society. The Tribunal found the alleged discussions between the applicant and his father to be vague, and due to the significance of these discussions, it found it was implausible that the applicant did not have a clear and detailed recollection of these discussions.
(b) At TD [48]: the Tribunal found it was implausible that the applicant was not forcibly initiated into the Poro Society given his claim that his father was traditional and played a prominent role in the Poro Society, and was not convinced that the applicant's father was prepared to wait for him to voluntarily join the society given he claimed that his father held a prominent role in the society and the head of his family.
(c) At TD [49]: the Tribunal found the applicant's evidence regarding reasons he provided to the Poro Society members about his inability to join their society in December 2017 were vague and inconsistent, and that Country information suggested that candidates that were not able to attend initiations voluntarily were often kidnapped by the Poro Society and forcibly initiated.
(d) At TD [50]: The Tribunal found the applicant's evidence about when he moved to Freetown to live with his aunty was different to the evidence given by the applicant's aunt, and the Tribunal rejected the applicant's explanation he was not good on dates and times and not accept that the applicant is unable to recall the details and timing of significant events such has his move from living with his parents in Bo to living in Freetown to undertake his high school studies.
(e) At TD [51]: Given the Country information and the claims of the applicant that he had informed the Poro society members that he would join them in April 2018, at the time of the Commonwealth Games, the Tribunal did not accept that the society members who had visited him would not have become aware of his activities and his selection to travel to Australia, and thus intervened and confronted the applicant at one of his regular training or competition locations.
(f) At TD [52]: The Tribunal found for the reasons in [47]-[51] it did not accept that the applicant's father was a Poro society Chief or 'big man' and the Tribunal equally did not accept that the applicant was approached by five men of that society in Freetown seeking him to join the society and take up his father's former role within the society.
(g) At TD [53]: The Tribunal was not satisfied that the applicant would face a real chance of persecution in the reasonably foreseeable future, or that he faced a real risk of significant harm from being a purported male descendant of a Poro society chief. The Tribunal found that the applicant's fears as to this claim were not genuine.
(a) He disagreed with the factual finding in TD [52] that the Tribunal did not accept the applicant's father was a Poro society Chief;
(b) He disagreed with the Country Information regarding the Poro Society in Sierra Leone, in particular he disagreed with the factual conclusion reached by the Tribunal in TD [42] that it was implausible that the applicant was not initiated in his adolescence (at the age of 12 years) into the society forcibly or otherwise by his father given his father's alleged role within the society. He said the practice was not as strict as the Country Information had outlined, and that it was true that his father was prepared to wait "believing he would later convince the applicant to voluntarily join the society".
(c) He disagreed with the factual finding in TD [52] that the Tribunal did not accept that the applicant was approached by five men of that society in Freetown seeking him to join the society and take up or take over his father's former role within that secret society. He submitted that the Tribunal should have accepted his evidence that they did approach him at his auntie's house in Freetown in December 2017.
[33] The characterisation of a decision (or a state of satisfaction) as legally unreasonable because of illogicality or irrationality is not easily made: ... .
[34] The task in assessing illogicality is not an exercise in logical dialectic. "Not every lapse of logic will give rise to jurisdictional error. A Court should be slow, although not unwilling, to interfere in an appropriate case": ... . It is the ascertainment, through understanding the approach of the decision-maker and characterising the reasoning process, of whether the decision (or state of satisfaction) is so lacking a rational or logical foundation that the decision (or relevant state of satisfaction) was one that no rational or logical decision-maker could reach, such that it was not a decision (or state of satisfaction) contemplated by the provision in question. Some lack of logic present in reasoning may only explain why a mistake of fact had been made which can be seen to be an error made within jurisdiction. ... [T]he evaluation of whether a decision was made within lawful boundaries is not definitional, but one of characterisation and whether the decision was sufficiently lacking in rational foundation, having regard to the terms, scope and purpose of the statutory source of power, that it cannot be said to be within the range of possible lawful outcomes.
[35] Ultimately, the question is whether the satisfaction of the relevant state of affairs or matter was irrational, illogical or not based on findings or inferences of fact supported by logical grounds: ... , such that it cannot be said to be possible for the conclusion to be made or the satisfaction reached logically or rationally on the available material. It will then satisfy the characterisation of unjust, arbitrary or capricious.
(a) there was a lack of evidence about the applicant's claim of being a male descendent of the Poro Society Chief, after his father died, and a lack of particulars as to the claim that he feared serious harm from the initiation process to replace his father in that society, including the claim that the initiation process is a barbaric ceremony where young candidates are taken into the bush and circumcised and then left by the society to fend for themselves for a period of several months, and that many candidates disappear and those who have already been circumcised are subjected to other torturous acts, and this serious harm can be fatal (see TD [46]);
(b) there was a lack of detail about his discussions with his father as to when he would join the Poro Society, and that, given the significance of these discussions to both the applicant and his purported Poro Chief father, it seems implausible that the applicant would not have a clear and detailed recollection of these matters and be able to provide a detailed recollection to the Tribunal (see TD [47]);
(c) the applicant's evidence as to his interactions with his father and the men from the Poro society was generally not consistent with the Country information as to the practices of the Poro Society, and that the explanation for why he was not initiated into the society in his adolescence as is the normal practice was not consistent with country information about the Poro Society (see TD [48]);
(d) the applicant's vague evidence about meetings with Poro Society members about his initiation into the society was inconsistent with country information, which suggests that candidates who do not attend initiations voluntarily are often kidnapped and forcibly initiated (see TD [49]);
(e) the applicant gave unreliable evidence about the details and timing of significant events such has moving from living with his parents in Bo to living in Freetown to undertake his high school studies (see TD [50]);
(f) it did not accept, based on country information, that the Poro Society members who had visited him would not have become aware of his activities and his selection to travel to Australia and thus intervened and confronted the applicant at one of his regular training or competition locations (see TD [51]).
(1) the applicant gave inconsistent evidence about his conversation with the five men; and
(2) it was public knowledge that the applicant would leave Sierra Leone for the Commonwealth Games, such that those members would have confronted the applicant before he left the country (TD [49] - [51]).
[33] ...The "no evidence" ground cannot be made out unless it is established that there was no evidence capable of supporting the impugned finding or inference. Even a skerrick of evidence will mean that an allegation of jurisdictional error premised on this basis will fail: MZZUG v Minister for Immigration & Border Protection [2015] FCA 1151, [59]. Further, evidence to support a finding or inference need not be direct, but may be found in material that permitted the decision-maker reasonably to infer a particular matter: Minister for Immigration & Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 207 ALR 12, [39]-[41] per Gummow and Hayne JJ; see also Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321, 367 per Deane J.
[32] Adverse credibility findings are amenable to judicial review where the findings can be shown to be legally unreasonable, such as by being based on illogical or irrational findings or inferences of fact (BQQ15 v Minister for Home Affairs [2019] FCAFC 218 at [50] per Yates, Wheelahan and O'Bryan JJ).
[33] In addition, credibility findings must be rationally made and based upon facts having logical and probative weight, and be articulated properly; minor inconsistencies and trivial errors do not constitute a valid ground upon which an adverse credibility finding may be made (EVI19 at [36] per Stewart J, citing SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 at [31] per Flick J; SZLGP v Minister for Immigration and Citizenship [2008] FCA 1198 at [25] per Gordon J. See also DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 at [30] per Kenny, Kerr and Perry JJ and Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1; [2016] FCAFC 11 at [11] per Allsop CJ).
I certify that the preceding sixty-nine (69) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Cleary.
DOY22
Minister for Immigration and Citizenship [2026] FedCFamC2G 389
(2018) 258 FCR 175
(2004) 207 ALR 12
(2010) 240 CLR 610
(1996) 185 CLR 259
(2006) 156 FCR 419
(2016) 237 FCR 1
(2018) 266 FCR 83
(2016) 253 FCR 496
(2022) 289 FCR 21
(2024) 98 ALJR 610
(2019) 264 CLR 421
(1990) 170 CLR 321