Ali v Minister for Home Affairs [2020] FCAFC 109

FEDERAL COURT OF AUSTRALIA

Ali v Minister for Home Affairs [2020] FCAFC 109 Appeal from: Ali v Minister for Home Affairs [2019] FCA 1900

File number: VID 1348 of 2019

Judges: COLLIER, REEVES AND DERRINGTON JJ

Date of judgment: 29 June 2020

Catchwords: MIGRATION – appeal from the Federal Court of Australia dismissing an application for judicial review of a decision made by the Assistant Minister – jurisdictional fact error – where the Assistant Minister did not revoke the mandatory cancellation of the appellant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – where the appellant made representations to the Assistant Minister upon the Assistant Minister's invitation under s 501CA(3)(b) – where the appellant failed the character test – where the appellant raised Australia's non-refoulement obligations in respect of him as "another reason" why the decision to cancel his visa should be revoked under s 501CA(4)(b)(ii) – where the Assistant Minister considered it was "unnecessary" to determine whether non-refoulement obligations were owed in respect of the appellant on the basis those obligations would be fully considered if the appellant applied for a protection visa – whether the primary judge erred in not finding that the Assistant Minister erred in deferring consideration of Australia's non-refoulement obligations in respect of the appellant – whether the primary judge erred in not finding that the Assistant Minister erred in assuming Australia's non-refoulement obligations would be considered in the same way in any subsequent protection visa application as under s 501CA(4) – whether the primary judge erred in not finding that the Assistant Minister erred in assuming Australia's non-refoulement obligations would be fully considered on any subsequent protection visa application – appeal allowed