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Federal Court Cases - Migration Law - 5 Nov 2020
| BWO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 181 Full Court of the Federal Court of Australia Rangiah, SC Derrington & Abraham JJ Migration law - first respondent's delegate refused to grant appellant a Protection (Class XA) (Subclass 866) Visa under s65 Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - Emmett FCJ of the Federal Circuit Court of Australia dismissed judicial review application - appellant contended primary judge should have found Tribunal erred by failure to warn appellant of his entitlement 'to assert legal professional privilege', that Tribunal acted 'in excess of power by asking certain questions' calling for confidential communications' disclosure, and that appellant had not waived privilege - appellant also contended primary judge erroneously found that 'any failure to warn did not deprive the appellant of a favourable outcome' as it was immaterial to outcome - respondent sought to rely on Notice of Contention which sought to uphold primary judge's decision on ground appellant did not and could not discharge onus of proof concerning establishment of 'lawyer-client relationship' between appellant and appellant's migration agent - migration agent was also a solicitor - held: appeal dismissed - leave to rely on ground in Notice of Contention refused. BWO19 |
| Markaj v Minister for Immigration and Border Protection [2020] FCA 1511 Federal Court of Australia Kenny J Migration law - respondent's delegate refused to grant applicant a Partner (Temporary) (Class UK) visa under s501(1) Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - Direction 65 - whether Tribunal failed to consider 'relevant consideration' - whether Tribunal failed to perform statutory task - whether Tribunal engaged in 'illogical reasoning' - whether Tribunal's understanding of "parental role" concept was 'overly narrow' - whether failure to evaluate social worker's report concerning parental role of applicant - whether Tribunal failed to understand claim 'which applicant was in fact making' concerning applicant's parental role - whether Tribunal made incorrect inquiry concerning minor children's "best interests" - whether constructive failure to exercise jurisdiction - materiality - DVE18 v Minister for Home Affairs [2020] FCAFC 83 - held: jurisdictional error established concerning approach to "parental role" - writs of certiorari and mandamus issued. Markaj |
Source: https://benchmarkinc.com.au/web/
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