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Federal Court Migration Summaries 17 October 2019
| BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171 Full Court of the Federal Court of Australia Middleton, Bromberg & Snaden JJ Migration law - two appeals - appellants were father and son - Minister's delegate refused to grant appellants safe have enterprise visas - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed appellants' applications for judicial review - father, by notice of appeal, contended Authority erroneously treated his 'abdominal scarring' as 'new information' and unreasonably failed to consider exercise of power under s473DC(3) Migration Act 1958 (Cth) to obtain new information - son, by notice of appeal, adopted father's grounds of appeal and also contended Authority was unreasonable in refusing to consider of new information concerning his claim of fearing harm on basis of his homosexuality - appeals dismissed. BJK17 |
| BEL16 v Minister for Home Affairs [2019] FCA 1678 Federal Court of Australia Beach J Migration law - Minister's delegate refused to grant appellant a protection (class XA) visa - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - appellant appealed - appellant submitted that Tribunal had erred in finding concerning appellant's credibility - whether Tribunal's approach to credibility based on perceived discrepancies legally unreasonable - appeal allowed. BEL16 |
| Singh v Minister for Home Affairs [2019] FCA 1670 Federal Court of Australia Abraham J Migration law - Minister's delegate declined to revoke mandatory cancellation of applicant's visa under s501(3A) Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal erred in statement concerning judicial officers' 'sentencing remarks' - whether Tribunal erroneously mischaracterised 'psychologist reports' - whether errors by Tribunal gave rise to legal unreasonableness or jurisdictional errors concerning treatment of relevant evidence – application allowed. Singh |
| DZT18 v Minister for Home Affairs [2019] FCA 1639 Federal Court of Australia Davies J Migration law - Minister's delegate refused to grant appellant a protection visa - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - appellant appealed - whether Tribunal made a legally unreasonable finding of fact in relation to particular documents – whether Tribunal should have considered whether prison conditions in Applicant's home country involved intentional infliction of harm - appeal allowed. DZT18 |
Source: https://benchmarkinc.com.au/web/
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