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Federal Court Cases - Migration Law - 29 October 2020
| ADL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 178 Full Court of the Federal Court of Australia White, Bromwich & Burley JJ Migration law - Minister's delegate refused appellant's application for a Safe Haven Enterprise Visa (subclass 790) (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Judge A Kelly of Federal Circuit Court of Australia dismissed appellant's judicial review application - appellant appealed - 'proper application of' s5J(3)(a) Migration Act 1958 (Cth) - whether Immigration Assessment Authority was required, in its consideration of complementary protection claims under s36(2)(aa) Migration Act, to apply principles in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 - grant of special leave by High Court to appeal from DQU16 v Minister for Home Affairs [2020] FCA 518 - claim of well-founded fear of persecution on basis of appellant's membership of 'particular social group' whether Authority made finding for purposes of s5L(c)(ii) Migration and, if so, whether it overlooked finding in considering application of s5J(3) Migration Act - whether Authority made findings concerning 'particular social group to which the appellant could belong' - whether Authority failed to make assessment as required by s5J(3) Migration Act concerning whether appellant could take steps to 'modify his behaviour' such that 'real chance of persecution' could be avoided - held: Authority's finding concerning ability of appellant to 'avoid a real chance of persecution' was not open - inappropriate and unnecessary to consider whether Authority required to apply principles in to apply principles in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 - appeal allowed. ADL17 |
| NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Full Court of the Federal Court of Australia Perram, Derrington & Stewart JJ Migration law - self-represented applicant - Minister's delegate declined to revoke cancellation of applicant's Partner (Residence) (Class BS) visa - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - applicant sought to quash Tribunal's decision - applicant also sought that delegate's decision to cancel visa 'be reviewed and revoked' - applicant also sought review of refusal to grant 'bridging visa application' - failure of applicant to join Tribunal resulting in lack of jurisdiction - 'unparticularised assertion of error' by Tribunal - whether Tribunal relied on 'fraudulent or false' documents - whether applicant denied procedural fairness due to being self-represented and 'being in immigration detention' during hearing - Tribunal's inability to go behind and question conviction when exercising power - HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 - held: no error in decision of Tribunal - application dismissed. NWWJ |
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Minister for Home Affairs v Waraich [2020] FCA 1513 Source: https://benchmarkinc.com.au/web/ |
