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Federal Court Summaries - Migration Law - 21 Feb 2020
| Fualau v Minister for Home Affairs [2020] FCAFC 11 Full Court of the Federal Court of Australia Murphy, Davies & O'Bryan JJ Migration - first respondent's delegate declined to revoke mandatory cancellation, under s501(3A) Migration Act 1958 (Cth), of applicant's Special Category Temporary (Subclass 444) visa - Tribunal affirmed delegate's decision - primary judge dismissed judicial review application - applicant, under r36.05 Federal Court Rules 2011 (Cth), sought extension of time to appeal - appellant contended primary judge erroneously failed to find Tribunal had not accorded procedural fairness to him - explanation for delay - prospects of success - whether utility in granting extension of time - held: extension of time to appeal refused. Fualau |
| Nguyen v Minister for Home Affairs [2020] FCA 127 Federal Court of Australia Banks-Smith J Migration law - Minister's delegate declined to revoke mandatory cancellation, under s501(3A) Migration Act 1958 (Cth), of applicant's Class BB Subclass 155 - Five Year Resident Return visa - Tribunal affirmed delegate's decision - applicant sought review - applicant contended Tribunal failed to complete statutory task by failure to consider his submission that Prisoners Review Board of Western Australia (Board) granted him parole under Sentence Administration Act 2003 (WA) ('Parole Decision') - applicant contended that Parole Decision was e 'drawn to the Tribunal's attention' in 'statement of facts, issues and contentions' ('SOFIC') but that Tribunal had not referred to it - held: material error by Tribunal established - Tribunal's decision set aside. Nguyen |
| AEJ17 v Minister for Immigration & Anor [2020] FCCA 261 Federal Circuit Court of Australia Judge McNab Migration law - first respondent's delegate refused to grant applicant a Temporary Protection Visa (class XD) (subclass 785) - Authority affirmed delegate's decision - applicant sought judicial review under s476(1) Migration Act 1958 (Cth) - whether Authority failed adequately to consider whether it was 'reasonably practicable' for applicant to return to Kabul - s36(2B) Migration Act 1958 (Cth) - held: Authority failed in 'review function' under s473CC Migration Act due to its failure to properly consider reasonableness of applicant's return to Kabul - material error established - Authority's decision set aside. AEJ17 |
Source: Benchmark https://benchmarkinc.com.au/web/
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