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Federal Court Cases - Migration Law - 13th August 2020
| FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1124 Federal Court of Australia Charlesworth J Migration law - Minister's delegate cancelled applicant's visa ('cancellation decision') under s501(3A) of the Act (Migration Act) - other delegate refused to revoke cancellation decision - Tribunal upheld delegate's decision - applicant sought review - whether Tribunal should have understood that applicant was asserting that, if cancellation decision not revoked, applicant 'must be returned his home country' in circumstances giving rise to breach of 'non-refoulement obligations' - whether Tribunal erroneously treated non-refoulment obligations as 'synonymous' with fulfillment by applicant of 'criterion for a protection visa' - whether failure by Tribunal genuinely to consider 'and intellectually engage with' reason submitted by applicant for cancellation decision's revocation - whether error material - held: jurisdictional error established - application allowed. FAK19 |
| DUR16 v Minister for Immigration and Border Protection [2020] FCA 1155 Federal Court of Australia Burley J Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise visa - Immigration Assessment Authority affirmed delegate's decision - appellant appealed - whether failure by Authority to consider 'police and CID extortion claims' and if so whether failure was material - Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 - held: failure to consider police and CID extortion claims established - jurisdictional error - appeal allowed. DUR16 |
| ANL17 v Minister for Immigration & Anor (No.2) [2020] FCCA 2166 Federal Circuit Court of Australia Judge Manousaridis Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise visa - Immigration Assessment Authority affirmed delegate's decision - applicant sought remedies under s476 Migration Act 1958 (Cth) - Court found applicant did not make out two grounds of appeal - Court found two appeal grounds 'reasonably arguable' - Court granted applicant leave to amend application to include a further ground - Court ordered that Minister and applicant 'file and serve written submissions' concerning merits of amended application and costs - consideration of submissions - “new information” - s473DD(a) (Migration Act) - whether erroneous consideration of whether 'exceptional circumstances' existed to justify mew information's consideration - whether failure to consider whether new information, if known to delegate, could have affected claims' consideration - whether error of the kind which White J found Authority had made in BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 - held: Authority made error of kind in BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 - relief granted. ANL17 |
Source: https://benchmarkinc.com.au/web/
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