MENU

Meredith Schilling successful in an appeal before the High Court of Australia

16 October 2020

Meredith Schilling successful in an appeal before the High Court of Australia

Young’s List barrister, Meredith Schilling, leading Dr Adam McBeth, has been successful in a High Court appeal in the matter of ABT17 v Minister for Immigration and Border Protection [2020] HCA 34

The Court unanimously allowed an appeal from a judgment of the Federal Court of Australia, in a matter concerning a review by the Immigration Assessment Authority (IAA) to refuse to grant the appellant a temporary protection visa. The appellant, a citizen  of Sri Lanka of Tamil ethnicity, claimed that he had been detained, beaten and sexually tortured by the Sri Lankan Army on suspicion of being a member of the Liberation Tigers of Tamil Eelam . The Court held that, in the circumstances of this case, the decision of the IAA to depart from the delegate's finding that appellant's claims were plausible was legally unreasonable in circumstances where that finding was based on an assessment of the appellant's demeanour. To read the full judgment click here.

To brief Meredith, or for further information about briefing Young’s List, please call Tammy Young on +61 3 9225 6777 or after hours on +61 (0) 414 523 515.