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Federal Court Summaries August 2019: Migration Law
| Narayan v Minister for Home Affairs [2019] FCAFC 143 Full Court of the Federal Court of Australia Flick, Bromwich & Burley JJ Migration - appellant's visa cancelled under s501(3A) Migration Act 1958 (Cth) (Migration Act) - appellant sought that visa's cancellation be revoked under s501CA(4) Migration Act - Assistant Minster refused to revoke cancellation - primary judge dismissed judicial review application - whether to permit appellant to rely on ground of review not raised in Court below - whether error in primary judge's decision - held: appeal dismissed. Narayan |
| BTN16 v Minister for Immigration and Border Protection [2019] FCA 1354 Federal Court of Australia Moshinsky J Migration - first respondent's delegate refused to grant appellant a protection visa - Refugee Review Tribunal affirmed delegate's decision - primary judge dismissed application for judicial review - whether primary judge erred in dealing with 'section 438 certificate' issue - whether Tribunal was 'acted in a manifestly unreasonable way' - held: appeal dismissed. BTN16 |
| EMX17 v Minister for Immigration and Border Protection [2019] FCA 1337 Federal Court of Australia Jackson J Migration - first respondent's delegate refused to grant appellant a safe haven enterprise visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - appellant appealed - whether erroneous failure to apply 'real chance' test - speculation - s5J Migration Act 1958 (Cth) - held: appeal dismissed. EMX17 |
| AVC15 v Minister for Home Affairs [2019] FCA 1356 Federal Court of Australia Katzmann J Migration - applicant unsuccessfully sought protection visa from Minister - applicant's 'merits review' application in Administrative Appeals Tribunal did not succeed - primary judge dismissed application for judicial review - applicant sought extension of time to appeal - r1.39 Federal Court Rules 2011 (Cth) - s37M Federal Court of Australia Act 1977 (Cth) - Seiler v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 878 - held: extension of time refused. AVC15 |
| CHJK v Minister for Home Affairs [2019] FCA 1330 Federal Court of Australia Flick J Migration - applicant's protection visa 'mandatorily cancelled' under s501(3A) Migration Act 1958 (Cth) ('cancellation decision') - Minister's delegate declined to revoke cancellation decision - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought review - whether 'failure to consider or to properly consider' - Direction No. 79 - whether failure to take International Treaties Obligations Assessment into account - held: Tribunal's decision set aside - matter remitted. CHJK |
Source: Benchmark Inc
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