System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Posted by on in General
  • Font size: Larger Smaller
  • Hits: 1544
  • 0 Comments

Federal Court Summaries - Migration Law - May 2020

ERY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 569
Federal Court of Australia
Stewart J
Migration law - applicant sought judicial review of Minister's 'personal decision', under s501(1) Migration Act 1958 (Cth) (Migration Act), to refuse applicant a Protection (Class XA) visa - Minister was not satisfied applicant passed applicant 'character test' on basis of 'Interpol notice' concerning applicant - whether open to Minister 'to reasonably draw the inference that the applicant would present' risk to Australian community or segment of Australian community - whether misconstruction and misapplication of s501(6)(h) - whether Minister failed to consider information in Department's possession - whether Minister's decision 'legally unreasonable' - 'community expectation' - s195A Migration Act - 'legal unreasonableness' - held: Court not satisfied Minister could 'reasonably have inferred' from 'Interpol Red Notice' that applicant would present risk to Australian community or a segment of it - legal unreasonableness established - Minister's decision set aside.
ERY19
Kim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 583
Federal Court of Australia
Gleeson J
Migration law - Minister's delegate declined to revoke cancellation of applicant's Class BB Subclass 155 (Five Year Resident Return) visa - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - applicant contended Tribunal failed to take into account relevant consideration 'in addressing the extent of impediments' if he 'were removed' - Minister for Immigration and Citizenship v Buadromo [2012] FCAFC 101 - held: Tribunal erred by failure to consider impact of health of applicant 'as required by' cl 14.5(1)(a) Direction No. 79 - jurisdictional error established - judicial review application upheld - matter remitted.
Kim
CBI18 v Minister for Immigration & Anor [2020] FCCA 1018
Federal Circuit Court of Australia
Judge Heffernan
Migration law - Immigration Assessment Authority affirmed refusal to grant applicant a Safe Haven Enterprise (Class XE) (Subclass 790) Visa - applicant sought judicial review - whether Authority failed to consider 'relevant material' - ss473CB(1)(b), 473CC & 473DD(b) Migration Act 1958 (Cth) - held: Authority failed to consider relevant material consisting of letter which was provided by wife of applicant - letter was 'highly material' to applicant's claims - constructive failure to exercise jurisdiction established - jurisdictional error established - orders made for issuing of writs in nature of certiorari and mandamus.
CBI18
FJV18 v Minister For Home Affairs & Anor [2020] FCCA 1032
Federal Circuit Court of Australia
Judge Young
Migration law - Immigration Assessment Authority affirmed decision of Minister's delegate to refuse to grant applicant a Safe Haven Enterprise Visa - Authority not satisfied, for purpose of s5J(1) Migration Act 1958 (Cth) (Migration Act), there was 'real chance of persecution which relates to all areas of Pakistan' - Authority concluded applicant would not face real chance of persecution if 'relocated to Islamabad' - 'reasonableness of relocation' - question of relocation's reasonableness arising in relation to consideration of complementary protection, not the assessment of whether person is a refugee - CS17 v Minister for Home Affairs [2020] FCAFC 68 - s36(2B)(a) Migration Act - 'level of generality' of Authority's approach to relocation question - held: Authority did not discharge statutory task to examine material and to make findings concerning whether applicant and family, 'could as a matter of practical reality', relocate to Islamabad - jurisdictional error established - writs of certiorari and mandamus issued.
FJV18

Source: https://benchmarkinc.com.au/web/

Last modified on
Rate this blog entry:
9

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest Saturday, 30 March 2024
Joomla SEF URLs by Artio

Immigration blog

Bizcover Banner
Migration Amendment (Removal and Other Measures) Bill 2024
The Migration Amendment (Removal and Other Measure...
Continue Reading...
Migration (Class of Persons for Nil VAC-LIN 24/008) Specification 2024
The Migration (Class of Persons for Nil VAC—LIN 24...
Continue Reading...
Pacific Engagement (Subclass 192) visa ballot
Introducing the Pacific Engagement Visa Initiative...
Continue Reading...