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Federal Court Cases - Migration Law - 22 October 2020

Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175
Full Court of the Federal Court of Australia
Murphy, O'Callaghan & Anastassiou JJ
Migration law - Minister's delegate refused to grant first respondent a Protection (Class XA) Visa - Refugee Review Tribunal affirmed delegate's decision - Judge Riley of Federal Circuit Court of Australian set Tribunal's decision aside - Minister appealed - Minister contended error by primary judge in concluding Tribunal had made 'irrational, illogical or legally unreasonable' finding (ground 1) - Minister also contended that primary judge made findings which were not open on evidence (ground 2) and that Minister was denied procedural fairness (ground 3) - first respondent's counsel conceded grounds 2 and 3 of appeal but sought dismissal of appeal on basis ground 1 was not made out and that there was no "practical injustice" resulting from primary judge's decision - held: appeal allowed
Minister for Immigration and Border Protection
EMS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 174
Full Court of the Federal Court of Australia
Murphy, Mortimer & Thomas JJ
Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise visa (SHEV) - Authority affirmed delegate's decision - Judge Vasta of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority's affirmation of delegate's refusal 'vitiated by a constructive failure to exercise jurisdiction' on basis Secretary had not fulfilled duty under s473CB(1)(c) Migration Act 1958 (Cth) (Migration Act) 'to provide relevant material to' Authority - whether contravention by Secretary of s473CB(1)(c) Migration Act and, if so, whether contravention could have affected outcome - EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 - held: no contravention by Secretary of s473CB(1)(c) Migration Act - appeal dismissed.
Nathanson v Minister for Home Affairs [2020] FCAFC 172
Full Court of the Federal Court of Australia
Wigney, Steward & Jackson JJ
Migration law - delegate of Minister cancelled appellant's visa under s501(3A) Migration Act 1958 (Cth) - delegate of Minister 'declined to revoke' cancellation - Tribunal affirmed delegate's decision - Colvin J of Federal Court of Australia accepted Tribunal had not provided appellant with 'fair hearing' with result appellant was denied procedural fairness - however primary judge found breach was not material - primary judge found it was not established that a 'different decision' could have resulted from "compliance" with procedural fairness obligation - whether appellant 'could not have received a different decision if given fair hearing - whether appellant had been denied a 'realistic possibility of a successful outcome' - held (Wigney J, dissenting): appeal dismissed.
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