Login / Join
Australian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
- Font size: Larger Smaller
- Hits: 1619
- 0 Comments
Federal Court decision summaries December 2019
| DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 Full Court of the Federal Court of Australia Davies, Moshinsky & Snaden JJ Migration law - Minister's delegate refused appellant's application for a protection (class XA) visa - Refugee Review Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether to grant leave to appeal on proposed ground, not raised before Federal Circuit Court, that Tribunal had failed to consider risks which appellant 'faced cumulatively as an HIV-suffering widow' - whether Tribunal considered whether there was 'real risk' of appellant being subjected to "extreme humiliation" - whether Tribunal misconstrued “significant harm” or “degrading treatment or punishment” under ss36(2)(aa) & 36(2A)(e) Migration Act 1958 (Cth) - held: leave to raise ground of appeal dismissed - appeal dismissed. DKT16 |
| Secretary, Department of Home Affairs v CCA19 [2019] FCAFC 209 Full Court of the Federal Court of Australia Allsop CJ, Robertson & Moshinsky JJ Migration law - primary judge found 'two or more treating doctors for' respondent had notified Secretary that respondent was a 'relevant transitory person' under s198E(1) Migration Act 1958 (Migration Act) - primary judge was also satisfied to order Secretary to notify Minister that respondent was a relevant transitory person - whether primary judge erred in finding doctors were 'treating doctors' - construction of s198E Migration Act - definition of 'treating doctor' in s198E(7) Migration Act - whether a treating doctor must 'have direct personal interaction with' a transitory person 'in assessing' that person 'either remotely or in person' - held: appeal dismissed. Secretary, Department of Home Affairs |
| CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 Full Court of the Federal Court of Australia Mortimer, Derrington & Steward JJ Migration law - appellants were mother, father and three children - Minister's delegate refused to grant ppellants protection visas - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority erred in not being satisfied there were 'exceptional circumstances' justifying receipt of submissions of 'asserted new information' on second applicant's behalf - "new information" - s473DD(a) Migration Act 1958 (Cth) - held: appeal dismissed. CAQ17 |
| CPE16 v Minister for Immigration and Border Protection [2019] FCA 2007 Federal Court of Australia Jagot J Migration law - Minister'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 - whether Authority's consideration of applicant's claims miscarried - whether Authority failed to consider 'risk of harm' to appellant arising from appellant's travel for his 'petrol selling business' - whether, if Authority erred, error was material - ss5J(1) & 36(2B)(a) Migration Act 1958 (Cth) - held: appeal allowed. CPE16 |
Source: Benchmark https://benchmarkinc.com.au/web/
Immigration blog
The document titled "Migration English Language Te...
The Migration Amendment (Bridging Visas) Regulatio...
The Family Assistance (Pacific Australia Labour Mo...
On April 10, 2024, the High Court of Australia ren...
In a landmark ruling on April 10, 2024, the High C...