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Federal Court Summaries - Migration Law - 20 August 2020
| XFCS v Minister for Home Affairs [2020] FCAFC 140 Full Court of the Federal Court of Australia Moshinsky, SC Derrington & Colvin JJ Migration law - Minister's delegate cancelled appellant's visa 'as required by' s501(3A) Migration Act 1958 (Cth) - Minister's delegate decline to revoke cancellation - Administrative Appeals Tribunal affirmed delegate's decision - O'Bryan J of the Federal Court of Australia dismissed appellant's judicial review application - appellant appealed - appellant contended primary judge erroneously failed to find Tribunal had 'ignored submissions advanced' on applicant's behalf in email sent by applicant's lawyer to Tribunal ('email submissions') - appellant also contended that primary judge erroneously failed to find that failure by Tribunal to consider the submissions was 'material to the outcome' of appellant's judicial review application - held: no error in decision of primary judge - appeal dismissed. XFCS |
| DXQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1184 Federal Court of Australia Steward J Migration law - appellants claimed to be "stateless" - appellants were granted protection visas - Minister suspected appellants were not stateless but 'citizens of Iran' - appellants admitted they were not stateless - Minister's delegate cancelled appellants' visas under s109 Migration Act 1958 (Cth) (Migration Act) - Administrative Appeals Tribunal affirmed cancellation decision - Judge Street of Federal Circuit Court dismissed judicial review applications - appellants appealed - whether Tribunal 'had regard to' best interests of appellant's children 'as a primary consideration' - whether Tribunal erred in reliance on 'I.T.O.A. process' - s101 Migration Act - whether Court bound to follow decisions concerning what was decided in Teoh v. Minister for Immigration and Ethnic Affairs [1994] FCA 1017 - 'the Teoh ground' - held: Tribunal failed to have regard to children's best interests as a primary consideration - appeal allowed - matter remitted. DXQ16 |
| AUE16 v Minister for Immigration and Border Protection [2020] FCA 1168 Federal Court of Australia Bromberg J Migration law - Minister's delegate refused to grant appellant a protection visa - Tribunal affirmed delegate's decision - Judge Blake of Federal Circuit Court of Australian dismissed judicial review application - appellant appealed - whether failure to give 'meaningful consideration' of appellant's claim of 'fear of harm' - whether application of 'wrong test' - whether failure to consider integer of claim concerning appellant's brother - held: Tribunal failed to give meaningful consideration to claim of fear of harm of 'increased violence in the context of forthcoming elections in Pakistan' - appeal allowed. AUE16 |
Sourece: https://benchmarkinc.com.au/web/
