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Immigration Daily News Recent Federal Court Cases - Summaries of Migration Decisions
Immigration Daily News Recent Federal Court Cases - Summaries of Migration DecisionsAustralian Immigration Daily News
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Recent Federal Court Cases - Summaries of Migration Decisions
| EPT17 v Minister for Home Affairs [2019] FCA 570 Federal Court of Australia Perry J Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise (Class XE) Subclass 790 visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - appeal concerned finding that while appellant was 'at risk of persecution' he could relocate - appellant also sought to raise new appeal ground alleging Authority misunderstood criteria in s473DD Migration Act 1958 (Cth) - 'new information' - 'fast track review' - whether appellant met criterion in s473DD(a) Migration Act - held: appeal dismissed. EPT17 |
| DVI17 v Minister for Immigration and Border Protection [2019] FCA 31 Federal Court of Australia Moshinsky J Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - applicant sought extension of time to appeal - delay - explanation for delay - prejudice - appeal's merits - ss5H(1), 36(2)(a) & 36(2)(a)(a) Migration Act 1958 (Cth) - held: application for extension of time dismissed. DVI17 |
| DHP17 v Minister for Home Affairs [2019] FCA 15 Federal Court of Australia Perram J Migration law - Minister's delegate found applicant not entitled to Safe Haven Enterprise Visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed applicant's proceeding 'summarily on a show cause basis' under r44.12(1)(a) Federal Circuit Court Rules 2001 (Cth) - appellant sought to appeal - whether Authority's approach to reports was inconsistent when regard had to reports' contents - held: Federal Circuit Court erred in finding applicant had 'no arguable case for jurisdictional error' - appeal allowed - matter remitted. DHP17 |
| Degning v Minister for Home Affairs [2019] FCAFC 67 Full Court of the Federal Court of Australia Allsop CJ; Collier & Thawley JJ Migration law - Minister for Home Affairs cancelled appellant's Class BF Transitional (Permanent) Visa under s501(2) Migration Act 1958 (Cth) (Migration Act) - primary judge dismissed judicial review proceedings - appellant appealed - whether Minister unauthorised by s501(2) Migration Act to cancel appellant's visa because appellant's 'right to remain indefinitely in Australia' had accrued before s501's introduction - whether basis for conclusion appellant had 'disregarded the law' by statement on 'Incoming Passenger Cards' (passenger cards) that 'he had no criminal convictions' and declaration he had given truthful answers - whether, if basis for conclusion, there was denial of procedural fairness due to failure to put appellant on notice of conclusion - whether obligation on appellant to 'disclose spent convictions' - statutory construction - s7(2)(c) Acts Interpretation Act 1901 (Cth) - whether issue concerning Minister's use of passenger cards in relation to 'risk of re-offending' should have been brought to appellant's attention - held: appellant was denied procedural fairness - appeal allowed - Minister's decision set aside. Degning |
| BBE17 v Minister for Immigration and Border Protection [2019] FCA 573 Federal Court of Australia Murphy J Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise (Class XE) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed application for judicial review - appellant appealed on two grounds - first ground concerned new information's treatment under s473DD Migration Act 1958 (Cth) - second ground concerned allegation that Authority failed to deal with integer of appellant's claim 'to fear serious or significant harm' - second ground had not been raised in Federal Circuit Court - held: Court granted leave to appeal on second ground of appeal - Court allowed appeal on second ground. BBE17 |
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