Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Appeal from: Ibrahim v Minister for Home Affairs [2018] FCA 1592
File number: SAD 275 of 2018
Judges: WHITE, PERRY AND CHARLESWORTH JJ
Date of judgment: 30 May 2019
Catchwords: MIGRATION – appeal from a judgment dismissing the Appellant's application for judicial review of a decision made under s 501BA(2) of the Migration Act 1958 (Cth) (the Act) to cancel the Appellant's Class BC Subclass 100 Partner (Migrant) visa – whether the Assistant Minister understood s 501BA(2) as precluding him from providing the Appellant with natural justice – whether the Assistant Minister had conflated Australia's possible international non-refoulement obligations in respect of the Appellant with the claimed protection obligations under s 36(2)(a) of the Act – whether the errors were material so as to be jurisdictional – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 47, 195A, 499, 501, 501BA, 501CA Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Regulations 1994 (Cth) cl 866.225
Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; (2017) 248 FCR 456 BKS18 v Minister for Home Affairs [2018] FCA 1731 Buck v Bavone [1976] HCA 24; (1976) 135 CLR 110 Burgess v Assistant Minister for Home Affairs [2019] FCA 34 CRI028 v The Republic of Nauru [2018] HCA 24; (2018) 356 ALR 50 DOB18 v Minister for Home Affairs [2018] FCA 1523 Graham v Minister for Immigration and Border Protection [2017] HCA 33; (2017) 347 ALR 350 Greene v Assistant Minister for Home Affairs [2018] FCA 919 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Ibrahim v Minister for Immigration and Border Protection (No 2) [2017] FCA 1218 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68; (2018) 260 FCR 523 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; (2014) 254 CLR 317 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 Omar v Minister for Home Affairs [2019] FCA 279 Plaintiff M70/2011 v Minister for Immigration and Citizenship (the Malaysian Declaration Case) [2011] HCA 32; (2011) 244 CLR 144 R v MacKellar; ex parte Ratu [1977] HCA 35; (1977) 137 CLR 461 R v Connell; Ex parte Hetton Bellbird Collieries Ltd [1944] HCA 42; (1944) 69 CLR 407 Re Patterson; Ex parte Taylor [2001] HCA 51; (2001) 207 CLR 391 Sowa v Minister for Home Affairs [2018] FCA 1999 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 Turay v Assistant Minister for Home Affairs [2018] FCA 1487 Wei v Minister for Immigration and Border Protection [2015] HCA 51; (2015) 257 CLR 22
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