DLJ18 v Minister for Home Affairs [2019] FCAFC 236

FEDERAL COURT OF AUSTRALIA

DLJ18 v Minister for Home Affairs [2019] FCAFC 236 Appeal from: DLJ18 v Minister for Home Affairs [2018] FCA 1650

File number: NSD 2395 of 2018

Judges: FLICK, BROMBERG AND SNADEN JJ

Date of judgment: 19 December 2019

Catchwords: MIGRATION – application for judicial review of a ministerial decision under s 501CA(4) of the Migration Act 1958 (Cth) not to revoke the cancellation of a visa – appeal from a single judge of the Federal Court of Australia – whether permanent removal from Australia was a legal consequence of the minister's decision – whether the minister was obliged to or did take account of that consequence – whether the primary judge erred by not accepting that the minister's decision was the product of jurisdictional error – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 48A, 476A, 501, 501CA, 501E Migration Regulations 1994 (Cth) Sch 5, cl 5001(c)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (2011) 180 LGERA 99 CAR15 v Minister for Immigration and Border Protection [2019] FCAFC 155 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Cotterill v Minister for Immigration and Border Protection (2016) 240 FCR 29 DLJ18 v Minister for Home Affairs [2018] FCA 1650 DYY18 v Minister for Home Affairs [2019] FCA 1901 Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216 Faulkner v Conwell (1989) 21 FCR 41 Hossain v Minister for Immigration and Border Protection [2018] HCA 34, (2018) 264 CLR 123 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Home Affairs v Buadromo (2018) 362 ALR 48 Minister for Immigration and Border Protection v BHA17 (2018) 260 FCR 523 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3, (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Navoto v Minister for Home Affairs [2019] FCAFC 135 NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38, (2014) 220 FCR 1 Re Patterson; Ex Parte Taylor (2001) 207 CLR 391 Soliman v University of Technology, Sydney [2012] FCAFC 146, (2012) 207 FCR 277 Splendido v Assistant Minister for Immigration and Border Protection (No 2) [2018] FCA 1158 Tanielu v Minister for Immigration and Border Protection [2014] FCA 1221, (2014) 226 FCR 154 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146 Tickner v Chapman (1995) 57 FCR 451 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43, (2015) 252 CLR 480