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Federal Court Summaries - Migration Law - 8 Nov 2019
| BMY18 v Minister for Home Affairs [2019] FCAFC 189 Full Court of the Federal Court of Australia Reeves, Perram & Charlesworth JJ Migration law - two appeals ('BOQ15' and 'BMY18') - appellants were each refused a protection visa - appellants did not lodge review applications with Refugee Review Tribunal within required time - Tribunal found it lacked jurisdiction to entertain review applications - whether notifications of delegates' decisions stated time in which application for review 'could be brought' - whether failure to engage with reasoning in DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64 - held: BMY18 appeal allowed - BOQ15 appeal dismissed. BMY18 |
| Singh v Minister for Home Affairs [2019] FCA 1790 Federal Court of Australia McKerracher J Migration law - Minister's delegate refused to grant appellant a Partner (Residence) (Class BS) visa - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether apprehended bias - whether denial of procedural fairness constituting jurisdictional error arising from non-disclosure of 's375A certificate' - whether erroneous approach to determination whether appellant and sponsor were in 'married relationship' - whether failure 'to give proper, genuine and realistic consideration' to merits of appellant's case in relation to statutory declarations - whether 'unreasonableness' - whether failure to fulfil 'statutory precondition' under s359A Migration Act 1958 (Cth) - held: failure to give proper, genuine and realistic consideration' to case's merits and unreasonableness established - appeal allowed. Singh |
| BSF19 v Minister for Immigration & Anor [2019] FCCA 2980 Federal Circuit Court of Australia Judge Street Migration law - application for 'Constitutional writ' under s476 Migration Act 1958 (Cth) - Minister's delegate refused to grant applicant a Safe Haven Enterprise Visa - Immigration Assessment Authority affirmed delegate's decision - whether Authority erroneously failed to consider whether applicant should be given opportunity to address 'two new issues' - whether new issues were 'material' - held: the two new issues were material - constructive failure to conduct review under Pt 7AA Migration Act established - amended application allowed. BSF19 |
| DZP16 v Minister for Immigration & Anor [2019] FCCA 2978 Federal Circuit Court of Australia Judge Street Migration law - application on 'Constitutional writ' under s476 Migration Act 1958 (Cth) - Minister's delegate refused to grant applicant a Protection (Class XA) visa - Administrative Appeals Tribunal affirmed delegate's decision - whether erroneous failure by Tribunal to consider 'corroborative evidence' - credibility - held: Tribunal did not provide 'real and meaningful intellectual engagement' with corroborative evidence of applicant's 'current partner ' - constructive failure to exercise jurisdiction established - amended application allowed. DZP16 |
Source: https://benchmarkinc.com.au/web/
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