Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198 Appeal from: DRP17 v Minister for Immigration and Border Protection [2018] FCA 523

File number: NSD 742 of 2018

Judge: JAGOT, RANGIAH AND BANKS-SMITH JJ

Date of judgment: 16 November 2018

Catchwords: MIGRATION – appeal from single judge of the Federal Court – where Minister decided not to revoke a decision to cancel the respondent's protection visa – judicial review of the Minister's decision – where respondent was granted protection visa as a member of child's family unit – where it was not determined if respondent is owed protection obligations in his own right – whether Minister's finding that Australia does not owe non-refoulement obligations to respondent was supported by any evidence – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 36(2), 65, 501C, 501CA(4) and 501(3A)

Cases cited: BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 Bochenski v Minister for Immigration and Border Protection (2017) 250 FCR 209 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Home Affairs v Buadromo [2018] FCAFC 151 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1 SZTAL v Minister for Immigration and Border Protection (2017) 347 ALR 405 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116