Federal Court of Australia
Federal Court of Australia
DFTD v Minister for Home Affairs [2020] FCAFC 207 Appeal from: DFTD v Minister for Home Affairs [2020] FCA 859
File number: VID 435 of 2020
Judgment of: MARKOVIC, DERRINGTON AND THAWLEY JJ
Date of judgment: 26 November 2020
Catchwords: MIGRATION – appeal from a decision of the Federal Court of Australia dismissing the appellant's application for judicial review – where the Administrative Appeals Tribunal had affirmed a decision of a delegate of the Minister not to revoke under s 501CA(4) of the Migration Act 1958 (Cth) the mandatory cancellation of the appellant's visa under s 501(3A) – whether the Tribunal was required by paragraph 14.1(2) of Ministerial Direction 79 to take account of Australia's non-refoulement policy – whether the Tribunal took into account Australia's non-refoulement policy – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 197C, 501(3A), 501CA(4)
Cases cited: Ali v Minister for Home Affairs (2020) 380 ALR 393 AQM18 v Minister for Immigration and Border Protection (2019) 268 FCR 424 GBV18 v Minister for Home Affairs [2020] FCAFC 17 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 24
Date of hearing: 23 November 2020
Counsel for the Appellant: Mr A Aleksov
Solicitor for the Appellant: Victoria Legal Aid
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