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Immigration Daily News Federal and High Court of Australia Migration Law summaries for 2 July 2020
Immigration Daily News Federal and High Court of Australia Migration Law summaries for 2 July 2020Australian Immigration Daily News
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Federal and High Court of Australia Migration Law summaries for 2 July 2020
| Minister for Immigration and Border Protection v CED16 [2020] HCA 24 High Court of Australia Gageler, Keane, Nettle, Gordon and Edelman JJ Migration law - delegate of Minister refused to grant first respondent protection visa - Immigration Assessment Authority affirmed delegate’s decision - Judge Street of Federal Circuit Court of Australia dismissed judicial review application - Derrington J of Federal Court of Australia allowed appeal against Judge Street’s decision - Minister appealed by special leave - appeal concerned meaning of "new information" - first respondent conceded ’Certificate’ could not satisfy condition in s473DE(1)(a)(ii) Migration Act 1958 (Cth) (Migration Act) ’as interpreted in’ SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190, Minister for Immigration and Citizenship v SZLFX [2009] HCA 31, Plaintiff M174/2016 [2018] HCA 16 and SZMTA [2019] HCA 3 - first respondent, however, contended Derrington J correct to find Certificate was "new information" and correct to conclude receipt of that "new information" caused Authority ’to fall into jurisdictional error’ by failure to perform ’procedural obligation’ which s473DB(1)(a) Migration Act imposed - whether Certificate could not satisfy description of "information" - whether Certificate was "document" - whether Certificate contained "information" within reference to "any documents or information" in definition of "new information" in s473DC(1) Migration Act - held: appeal allowed. Minister |
| Ali v Minister for Home Affairs [2020] FCAFC 109 Full Court of the Federal Court of Australia Collier, Reeves & Derrington JJ Migration law - Minister cancelled appellant's partner visa on “character” grounds under s501(3A) Migration Act 1958 (Cth) (cancellation decision) - Assistant Minister was not satisfied of matters in ss501CA(4)(b)(i) & (ii) Migration Act - Assistant Minister refused to revoke cancellation decision - Steward J of Federal Court of Australia dismissed judicial review application - 'international non-refoulment obligations' - “another reason” - whether Assistant Minister erred in not being satisfied of matters in ss501CA(4)(b)(i) & (ii) Migration Act - whether necessary to determine non-refoulment obligations - whether permissible to defer consideration of non-refoulment obligations until 'any subsequent consideration' of protection visa application - “Failure to Consider Ground” - “The Identical Manner of Consideration Ground” - “Absence of Full Consideration Ground” - Hernandez v Minister for Home Affairs [2020] FCA 415 held: Assistant Minister's decision did not accord with requirements of s501CA(4) Migration Act - appeal allowed. Ali |
| Walker v Minister for Home Affairs [2020] FCA 909 Federal Court of Australia Bromwich J Migration law - applicant’s temporary visa cancelled under s501(3A) Migration Act 1958 (Cth) (cancellation decision) - Minister refused to revoke cancellation decision - applicant sought judicial review - applicant challenged basis for Minister’s finding that applicant ’represented an unacceptable risk of harm’ outweighing considerations favouring revocation - use of ’past non-violent conduct and its violent outcome’ to find risk of violent conduct’s repetition - whether Minister’s decision ’legally unreasonable’ - Minister for Immigration and Citizenship v Li [2013] HCA 18 - held: legal unreasonableness established - judicial review application upheld. Walker |
Source: Benchmark
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