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Federal Court Migration Law decisions 9 July 2020
| AAL19 v Minister for Home Affairs [2020] FCAFC 114 Full Court of the Federal Court of Australia Logan, Markovic & Anastassiou JJ Migration law - Minister's delegate refused appellant's application for a Safe Haven Enterprise (subclass 790) visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Judge Egan, of Federal Circuit Court of Australia, dismissed judicial review application - appellant appealed - whether erroneous failure to consider appellant's claims - whether erroneous finding of no 'exceptional circumstances' to justify consideration of information - whether misapplication of s473DD Migration Act 1958 (Cth) (Migration Act) - whether material delivered to Authority in "administrative error" (material) led to Authority making decision 'in excess of jurisdiction' - whether bias arising from material - whether Authority obliged to exercise 'power to “get” “new information”' - ss473CB(1)(c) & 473DC Migration Act - CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 held: appeal dismissed. AAL19 |
| Leone v Minister for Home Affairs [2020] FCAFC 117 Full Court of the Federal Court of Australia Davies, Steward & Jackson JJ Migration law - appellant's Class BF Subclass C Transitional (Permanent) visa cancelled under s501(3A)(b) Migration Act 1958 (Cth) (Migration Act) (cancellation decision) - Minister's delegate declined to revoked cancellation decision - Administrative Appeals Tribunal affirmed delegate's decision - O'Bryan J, of Federal Court of Australia, dismissed judicial review application - appellant appealed - whether to grant appellant leave to rely on new appeal grounds - whether failure to discharge 'duty of review' - whether failure to inform appellant concerning issue in review - whether denial of procedural fairness - Ministerial Direction 79 - s501CA(4) Migration Act - held: appeal dismissed. Leone |
| SZSLA v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 944 Federal Court of Australia Colvin J Migration law - applicant applied for temporary partner visa - applicant did not apply for temporary partner visa within required 28 day period - Minister's delegate refused to grant the visa - Administrative Appeals Tribunal affirmed delegate's decision, not being satisfied of 'compelling reasons' not to apply '28 day criterion' - Judge Driver, of Federal Circuit Court, dismissed judicial review application - appellant appealed - held: Tribunal 'failed to deal in any meaningful way' with appellant's claim that he was 'father to four young children' - Tribunal did not give 'real consideration' to appellant's case when it made decision concerning 'exceptional circumstances' - decision lacked 'requisite statutory character' - appeal allowed. SZSLA |
Source: Benchmark
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