Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v Omar [2019] FCAFC 188 Appeal from: Omar v Minister for Home Affairs [2019] FCA 279
File number: VID 307 of 2019
Judges: ALLSOP CJ, BROMBERG, ROBERTSON, GRIFFITHS AND PERRY JJ
Date of judgment: 29 October 2019
Catchwords: MIGRATION – request for revocation of mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – where the respondent claimed harm if he were returned to his country of origin on account of the treatment afforded to people with mental illness – Assistant Minister's failure to engage in an active intellectual process with the representation – amended notice of contention upheld – appeal dismissed, with costs
Legislation: Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) s 10(1) Acts Interpretation Act 1901 (Cth) s 25D Migration Act 1958 (Cth) ss 65, 501(3), 501(6), 501CA(1), 501CA(3), 501CA(4), 501CA(7), 501G(1) 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) Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, 2515 UNTS 3 (entered into force 3 May 2008)
Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96; 248 FCR 456 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 DOB18 v Minister for Home Affairs [2019] FCAFC 63 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216; 164 ALD 139 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 Ibrahim v Minister for Home Affairs [2019] FCAFC 89 Minister for Home Affairs v Buadromo [2018] FCAFC 151; 362 ALR 48 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68; 260 FCR 523 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; 243 CLR 164 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Navoto v Minister for Home Affairs [2019] FCAFC 135 Omar v Minister for Home Affairs [2019] FCA 279 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 Tickner v Chapman [1995] FCA 1726; 57 FCR 451 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 263 FCR 561
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