Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Navoto v Minister for Home Affairs [2019] FCAFC 135 Appeal from: Navoto v Minister for Home Affairs [2019] FCA 295
File number(s): VID 288 of 2019
Judge(s): MIDDLETON, MOSHINSKY AND ANDERSON JJ
Date of judgment: 19 August 2019
Catchwords: MIGRATION – appeal from decision of Federal Court of Australia dismissing application for judicial review of exercise of power by Assistant Minister for Home Affairs under s 501CA(4) of the Migration Act 1958 (Cth) – where Assistant Minister decided not to revoke cancellation of appellant's visa – whether Assistant Minister's finding that appropriate treatment and medication for the appellant's depression and anxiety was likely to be available in Fiji was supported by evidence – even if that finding was not supported by evidence, whether that was a jurisdictional error – whether the Assistant Minister gave appropriate consideration to the appellant's lack of ties or support in Fiji, including the threat of homelessness Held: appeal dismissed – even if Assistant Minister's finding was not supported by evidence, this did not amount to a jurisdictional error – Assistant Minister gave appropriate consideration to the appellant's lack of ties or support in Fiji
Legislation: Migration Act 1958 (Cth) ss 501(3A), 501CA(3)(b), 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii)
Cases cited: Anaki v Minister for Immigration and Border Protection [2018] FCA 77 Australian Postal Corporation v D'Rozario [2014] FCAFC 89; 222 FCR 303 Buchwald v Minister for Immigration and Border Protection [2016] FCA 101; 242 FCR 65 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Collector of Customs v Pozzolanic [1993] FCA 322; 43 FCR 280 Dekker v Medical Board of Australia [2014] WASCA 216 DFW18 v Minister for Home Affairs [2019] FCA 599 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203; 160 ALD 123 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; 364 ALR 423 Hay v Minister for Home Affairs [2018] FCAFC 149 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609; 49 AAR 77 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140; 112 ALD 1 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 362 ALR 48 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68; 362 ALR 9 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198 Minister for Immigration and Border Protection v Maioha [2018] FCAFC 216 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45; 200 FCR 223 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 66; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 Navoto v Minister for Home Affairs [2019] FCA 295 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; 258 CLR 173 Schmidt v Minister for Immigration and Border Protection [2018] FCA 1162; 162 ALD 495 Sowa v Minister for Home Affairs [2019] FCAFC 111 Tran v Minister for Immigration and Border Protection [2019] FCAFC 126 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; 248 FCR 296 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 162 ALD 13
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