Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CLM18 v Minister for Home Affairs [2019] FCAFC 170 Appeal from: CLM18 v Minister for Home Affairs [2019] FCCA 1106
File number: NSD 728 of 2019
Judges: PERRAM, ROBERTSON AND ABRAHAM JJ
Date of judgment: 8 October 2019
Catchwords: MIGRATION – whether the Minister's exercise of his power under s 46A(2C) of the Migration Act 1958 (Cth) to revoke his determination to allow certain persons (including the appellant) to lodge an application for a Temporary Protection visa or Safe Haven Enterprise visa under s 46A(1) was subject to a requirement of procedural fairness, and if so, whether the appellant was afforded procedural fairness MIGRATION – whether the Minister 'noting' and commenting on a Departmental submission about the manner in which an Informed Referral to Status Resolution (IRSR) process would be undertaken by officers of the Department in relation to the appellant constituted a 'personal procedural decision' of the Minister – whether the possibility of detention being prolonged is a sufficient interest to engage a duty to afford procedural fairness in conducting the IRSR process – where Minister accepted that, if a duty were owed, the appellant was not afforded procedural fairness
Legislation: Constitution ss 61, 64 Acts Interpretation Act 1901 (Cth) s 33 Migration Act 1958 (Cth) ss 5, 5AA, 14, 46A, 48B, 189, 193, 195, 196, 198, 476 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Migration Regulations 1994 (Cth) reg 2.25 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Art 3 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954), as amended by the Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967) Art 33 International Covenant on Civil and Political Rights, opened for signature 16 December 1996, 999 UNTS 171 (entered into force 23 March 1976) Arts 2, 6, 7
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