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Federal Court Summaries 27 June 2019: Migration Law
| Minister for Home Affairs v Ogawa [2019] FCAFC 98 Full Court of the Federal Court of Australia Collier, Reeves, Davies, Rangiah & Steward JJ Migration law - respondent sought Partner (Temporary) (Class UK) Visa - appellant, under s501(1) Migration Act 1958 (Cth) (Migration Act), refused application - single judge of Federal Court of Australia quashed Minister's decision, finding Minister had not complied with obligation contained in ss54(1) & 55(1) Migration Act 'to have regard to two items of information' which respondent provided - primary judge also found Minister's refusal 'to defer his decision', when a decision had not yet been made on respondent's petition for pardon, was 'legally unreasonable' - 'Dr Whittington's letter' (letter) - 'Emotional Intelligence Certificate' - whether breach of natural justice - whether breach of s56(1) Migration Act - held: Minister erroneously failed to have regard to information in letter - appeal dismissed. Minister for Home Affairs |
| Song v Minister for Home Affairs [2019] FCA 970 Federal Court of Australia Perram J Migration - two appeals - applicant sought Temporary Business Entry (Class UC) (Subclass 457) visa - applicant nominated company as sponsor - company sought approval to nominate applicant as 'web administrator' - delegate refused company's application because delegate not satisfied web administrator position genuine - delegate refused applicant's visa application on basis applicant not sponsored by 'approved sponsor' - Tribunal dismissed applications for judicial review - appeals from decisions of Federal Circuit Court - whether erroneous failure to find error by Tribunal - held: company's appeal dismissed - applicant's appeal dismissed 'as a matter of logic'. Song |
| DZF17 v Minister for Home Affairs [2019] FCA 979 Federal Court of Australia Thawley J Migration - first respondent's delegate refused to grant appellant a protection visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed application for judicial review - whether to grant leave to raise new appeal grounds - whether failure to consider 'important and centrally relevant evidence' - whether 'legal unreasonableness' - s473DC(1) Migration Act 1958 (Cth) - held: Authority did not properly consider "review material" - appeal allowed. DZF17 |
| Gohil v Minister for Home Affairs [2019] FCA 977 Federal Court of Australia Perram J Migration - Minister's delegate refused to grant appellant a Temporary Work (Skilled) (subclass 457) visa - Administrative Appeals Tribunal (Tribunal) found it lacked jurisdiction to review decision - Federal Circuit Court dismissed application to quash Tribunal's decision - whether erroneous finding of lack of jurisdiction - s348(1) Migration Act 1958 (Cth) - absence of 'approved nomination' - held: appeal dismissed. Gohil |
| DGS17 v Minister for Home Affairs [2019] FCA 962 Federal Court of Australia Farrell J Migration - first respondent's delegate refused to grant appellant a Safe Haven Enterprise visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - requirement of 'identification of error' - FLW17 v Minister for Immigration & Border Protection [2019] FCA 352 - whether Authority failed 'to consider all relevant circumstances' in assessing whether there were 'exceptional circumstances' justifying consideration of 'Al Jazeera article' - whether jurisdictional error arising from 'misstatements' - held: appeal dismissed. DGS17 |
Source: https://benchmarkinc.com.au/web/
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