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Federal Courts Cases - Australian Migration Law - 24 September 2020

Huynh v Minister for Immigration and Border Protection [2020] FCAFC 153
Full Court of the Federal Court of Australia
Reeves, Bromwich & Anderson JJ
Migration law - first respondent's delegate refused to grant appellants a Partner (Residence) (Class BS) (Subclass 801) visas under s65 Migration Act 1958 (Cth) (Migration Act) - Tribunal affirmed delegate's decision - Judge Burchardt of Federal Circuit Court dismissed judicial review application - whether denial of procedural fairness arising from primary judge's reliance on 'draft reasons for judgment' which were not provided to appellants - a different Federal Court judge had prepared the draft reasons - whether failure by Tribunal to satisfy 'relevant statutory criterion' - whether 'proper evaluation' of considerations concerning first appellant's 'relationship with sponsor' - whether denial of procedural fairness arising from Tribunal's failure to provide appellants with information - s5F Migration Act - held: appeal dismissed.
Huynh
CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156
Full Court of the Federal Court of Australia
Jagot, Charlesworth & Snaden JJ
Migration law - first respondent's delegate refused to grant appellant a Temporary Protection (Subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Judge C. E. Kirton QC of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority made 'fundamental conceptual error' in considering 'risk of violence in Kabul' relevant to whether appellant had 'well-founded fear of significant harm in Kabul', but failing to consider the risk of violence in Kabul relevant to whether reasonable for appellant to relocate to Kabul - s36(2B)(a) Migration Act 1958 (Cth) - whether error of kind in CXO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 17 - 'complementary protection assessment' - held: jurisdictional error not established - appeal dismissed.
CSZ16
Giakou v Department of Home Affairs & Anor [2020] FCCA 2575
Federal Circuit Court of Australia
Judge Heffernan
Migration law - first respondent's delegate refused to grant applicant a Student (Temporary) (Class TU) subclass 570 visa - admissibility of affidavits - whether Tribunal failed 'to give proper, genuine and realistic consideration' to applicant's application - whether error in sense identified in Minister for Immigration & Border Protection v MZYTS [2013] FCAFC 114 - whether Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' in cl 570.232 Sch 2 Migration Regulations 1994 (Cth) - whether Tribunal asked itself wrong question - whether failure to inquire resulting in failure to conduct review - Wei v Minister for Immigration & Border Protection [2015] HCA 51 - whether unreasonableness - held: Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' - Tribunal asked itself wrong question - material errors established - Tribunal's decision quashed.
Giakou

Source:  Benchmark

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