Weti-Safwan v Minister for Home Affairs [2019] FCAFC 173

FEDERAL COURT OF AUSTRALIA

Weti-Safwan v Minister for Home Affairs [2019] FCAFC 173 Appeal from: Weti-Safwan v Minister for Immigration and Border Protection [2018] FCA 1761

File number: NSD 2156 of 2018

Judges: BESANKO, PERRY AND STEWART JJ

Date of judgment: 16 October 2019

Catchwords: MIGRATION – appeal from an order made by the primary judge dismissing the appellant's application for judicial review of a decision made under s 501BA(2) of the Migration Act 1958 (Cth) to cancel the appellant's Class WR subclass 070 Bridging (Removal Pending) visa – new ground of appeal – whether the Minister misunderstood s 501BA(2) of the Act by proceeding on the basis that it precluded him from giving effect to the rules of natural justice by inviting the appellant to make submissions or provide further material – whether the Minister's misunderstanding was material so as to constitute jurisdictional error – consideration of Ibrahim v Minister for Home Affairs [2019] FCAFC 89 and Nguyen v Minister for Home Affairs [2019] FCAFC 128 – whether the Minister based conclusions with respect to the appellant's likelihood of reoffending, the level of risk she posed to the national interest and the level of tolerable risk to the community on probative material

Legislation: Migration Act 1958 (Cth) ss 501, 501BA, 501CA

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 364 ALR 423 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 359 ALR 1 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Nguyen v Minister for Home Affairs [2019] FCAFC 128