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Federal Court Migration Law Summaries 13 September 2019
| Minister for Immigration and Border Protection v CTW17 [2019] FCAFC 156 Full Court of the Federal Court of Australia Robertson, Farrell & Wigney JJ Migration - three appeals concerning whether three applications for protection visas were valid - applications were made on behalf of respondents in June 2017 (2017 applications) - applications on respondents' behalf had previously been made in 2010 (2010 applications) on basis of 'family unit criterion' - 2010 applications refused - primary judge found applications valid on basis s48A(1AA) Migration Act 1958 (Cth) (Migration Act) did not prevent making of the 2017 applications based on 'complementary protection criterion' - whether erroneous construction of s48 Migration Act - s36(2)(aa) Migration Act - held: appeals allowed. Minister |
| DVO16 v Minister for Immigration & Border Protection [2019] FCAFC 157 Full Court of the Federal Court of Australia Greenwood, Flick & Stewart JJ Migration - first respondent's delegate refused to grant appellant a Temporary Protection (Class XD) (subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed application for judicial review - whether Authority erroneously failed to consider exercising power under s473DC Migration Act 1958 (Cth) (Migration Act) 'to hear further from' or 'make further enquiries of' appellant concerning why appellant 'feared persecution' - whether primary judge should have granted leave to appellant to raise grounds contending erroneous failure by Tribunal to apply test in s473DD Migration Act - whether 'interpreter errors' concerning enquiries by delegate in relation to appellant's 'ethnic persecution claim' - whether appellant denied opportunity to give evidence - held: appeal dismissed. DVO16 |
| CAR15 v Minister for Immigration and Border Protection [2019] FCAFC 155 Full Court of the Federal Court of Australia Allsop CJ, Kenny & Snaden JJ Migration - first respondent rejected appellant's application for a protection (class XA) visa - Tribunal affirmed first respondent's decision - Federal Circuit Court dismissed application to set aside Tribunal's decision - whether erroneous conflation by Tribunal of issue of 'reasonableness of the [appellant's] relocation with the reasonableness of her parent[s'] relocation' - whether non-compliance with s36(2B)(a) Migration Act 1958 (Cth) - 'reasonableness of relocation' - held: appeal allowed. CAR15 |
| Hua v Minister for Home Affairs [2019] FCAFC 158 Full Court of the Federal Court of Australia Besanko, Murphy & O'Callaghan JJ Migration - respondent by delegate declined to revoke 'mandatory cancellation' of appellant's Class BB Subclass 155 Five Year Resident Return visa - primary judge dismissed judicial review application - grounds of appeal concerned statutory declaration concerning remorse and 'prison letter' - whether failure to consider statutory declaration and/or prison letter, and if so, whether failure/s 'material' - s501CA Migration Act 1958 (Cth) - held: appeal dismissed. Hua |
| ELA18 v Minister for Home Affairs [2019] FCA 1482 Federal Court of Australia Abraham J Migration - Minister's delegate refused to grant appellant a Safe Haven Enterprise Visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - whether failure to determine 'mental health claims' - whether 'legal unreasonableness' - whether failure to determine "outcast" claim and/or 'injection claim' - whether to grant appellant leave to rely on 'new grounds' - held: leave to rely on new grounds refused - appeal dismissed. ELA18 |
Source: Benchmark https://benchmarkinc.com.au/web/
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