AXT19 v Minister for Home Affairs [2020] FCAFC 32

FEDERAL COURT OF AUSTRALIA

AXT19 v Minister for Home Affairs [2020] FCAFC 32 Appeal from: AXT19 v Minister for Home Affairs [2019] FCA 1423

File number: QUD 539 of 2019

Judges: FLICK, GRIFFITHS AND MOSHINSKY JJ

Date of judgment: 6 March 2020

Catchwords: MIGRATION – mandatory cancellation of appellant's visa under s 501(3A) of the Migration Act 1958 (Cth) – decision of a delegate of the Minister under s 501CA(4) not to revoke the cancellation decision – decision of the Administrative Appeals Tribunal to affirm the delegate's decision – where the appellant was a citizen of Myanmar and relied on international non-refoulement obligations in his representations as to why the cancellation decision should be revoked – whether the Tribunal failed to consider the appellant's representations based on non-refoulement obligations and the fear of harm if the appellant were returned to Myanmar – appeal dismissed with costs

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

Cases cited: Ali v Minister for Immigration and Border Protection [2018] FCA 650 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456 DOB18 v Minister for Home Affairs [2019] FCAFC 63 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Goundar v Minister for Immigration and Border Protection (2016) 160 ALD 123 Greene v Assistant Minister for Home Affairs [2018] FCA 919 Minister for Home Affairs v Omar (2019) 373 ALR 569 Minister for Immigration and Border Protection v Le (2016) 244 FCR 56 Omar v Minister for Home Affairs [2019] FCA 279 Sowa v Minister for Home Affairs (2019) 369 ALR 389