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Summaries of Federal Court Migration Decisions 9 May 2019

DZG17 v Minister for Immigration and Border Protection [2019] FCA 8
Federal Court of Australia
Greenwood J
Migration law - interlocutory application - Minister's delegate refused to grant appellants protection visas - Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - appellants sought to adduce documents and 'oral evidence' on appeal's hearing - appellants also sought order that certain 'Freedom of Information' files be produced - relevance of documents to appeal grounds - held: interlocutory application dismissed.
DZG17

DFW18 v Minister for Home Affairs [2019] FCA 599
Federal Court of Australia
Steward J
Migration law - Minister's delegate cancelled applicant's Class BB Subclass 155 Five Year Resident Return Visa due to applicant's failure to pass 'character test' under s501(6) Migration Act 1958 (Cth) - another of Minister's delegate's declined to revoke 'cancellation decision' - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal considered claims of applicant concerning risk issue - whether Tribunal considered remorse issue - challenge to findings concerning 'non-refoulement obligations' and impediments which could be faced by applicant 'if returned to Turkey' - held: review application allowed. 
DFW18

CAQ18 v Minister for Home Affairs [2019] FCA 603
Federal Court of Australia
Banks-Smith J
Migration law - Minister's delegate refused to grant appellant a Protection (Class XA) visa - Administrative Appeals Tribunal affirmed delegate's decision - Tribunal rejected claims of appellant on basis appellant was an 'unreliable witness' - primary judge found Tribunal's findings were open - appellant contended primary judge did not 'adequately consider' review grounds, as demonstrated by reasons' brevity and ex tempore delivery - appellant also contended Tribunal did not disclose existence of invalid s438 certificate - credibility - 'significant harm' - held: appeal dismissed.
CAQ18

MZAOL v Minister for Immigration and Border Protection [2019] FCAFC 68
Full Court of the Federal Court of Australia
Bromberg, Farrell & Davies JJ
Migration law - appellants were mother and child - Minister's delegate refused appellants' applications for protection visas - Tribunal affirmed delegate's decision - primary judge dismissed application for judicial review - whether erroneous rejection of contention that mother had made claim of risk of harm of 'forced sterilisation' before Tribunal - whether appellants deprived of successful outcome's possibility by Tribunal's failure to disclose 'existence of' a 's438 certificate' - whether bias - held: Tribunal did not deal with mother's claim of fear of harm of forced sterilisation - primary judge erred in failure to identify Tribunal's jurisdictional error - appeal allowed.
MZAOL

BGV18 v Minister for Immigration and Border Protection [2019] FCA 602
Federal Court of Australia
Moshinsky J
Migration law - Minister's delegate refused appellant's application for a protection visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed application for judicial review - whether Authority 'legally unreasonable' in not 'considering whether to exercise' power in 473DC Migration Act 1958 (Cth) - held: legal unreasonableness not established - appeal dismissed.
BGV18

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