Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CTB19 [2020] FCAFC 166 Appeal from: CTB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2128
File number: NSD 117 of 2020
Judgment of: MCKERRACHER, KERR AND WIGNEY JJ
Date of judgment: 1 October 2020
Catchwords: MIGRATION – request for revocation of mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal engaged in an active intellectual process with the respondent's representation that he would be harmed or killed on account of his ethnicity, religious beliefs and family history if returned to his country of origin – where the Tribunal held that the representations weighted 'to a greater or lesser extent' in the respondent's favour – in circumstances where the Tribunal recognised that it was open to the respondent to apply for a protection visa
Legislation: Migration Act 1958 (Cth) ss 36(2), 65(1), 501, 501(3A), 501CA(4), 501CA(4)(b), 501CA(4)(b)(ii), 501E(2)(a)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510; [1999] HCA 14 Ali v Minister for Home Affairs [2018] FCA 650 Ali v Minister for Home Affairs [2020] FCAFC 109 AXT19 v Minister for Home Affairs [2020] FCAFC 32 Ayoub v Minister for Immigration and Border Protection (2015) 231 FCR 513; [2015] FCAFC 83 BCR16 v Minister for Immigration and Border Protection (2017) 248 FCR 456; [2017] FCAFC 96 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 DOB18 v Minister for Home Affairs (2019) 269 FCR 636; [2019] FCAFC 63 DQM18 v Minister for Home Affairs [2020] FCAFC 110 EVK18 v Minister for Home Affairs [2020] FCAFC 49 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Goundar v Minister for Immigration and Border Protection [2016] FCA 1203 Guclukol v Minister for Home Affairs [2020] FCA 61 Minister for Home Affairs v Buadromo (2018) 267 FCR 320; [2018] FCAFC 151 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643; [2018] FCAFC 216 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Tickner v Chapman (1995) 57 FCR 451; [1995] FCA 1726
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate