Federal Court of Australia
Federal Court of Australia
XAD (by her litigation guardian XAE) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 12 Appeal from: XAD (by her Litigation Guardian XAE) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 495
File number: VID 323 of 2020
Judgment of: FLICK, WHITE AND CHARLESWORTH JJ
Date of judgment: 16 February 2021
Catchwords: MIGRATION – judicial review – appeal from decision of a single judge of the Court concerning the application of s 46A of the Migration Act 1958 (Cth) in the case of a child born in Australia to unauthorised maritime arrivals – the criteria for the lifting of the bar required to exist at the time of the visa application – appeal dismissed. MIGRATION – the requirement for procedural fairness in the steps taken by the Department after a decision by the Minister to consider whether to exercise the powers of Ministerial intervention under s 46A – whether the Minister had decided to consider exercising his powers to lift the bar – cross-appeal dismissed.
Legislation: Migration Act 1958 (Cth) ss 5, 5AA, 46A, 46B, 47, 48A, 48B, 195A, 189, 196, 197A, 197C, 198, 417
Cases cited: BEL18 v Minister for Home Affairs [2018] FCCA 1606 BEL18 v Minister for Home Affairs [2018] FCA 2103 BEL18 v Minister for Immigration, Citizenship, Multicultural Affairs [2019] HCASL 150 CLM18 v Minister for Home Affairs [2019] FCAFC 170; (2019) 272 FCR 639 Commonwealth v Fernando [2012] FCAFC 18; (2012) 200 FCR 1 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Kuhl v Zurich Finance Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361 Lee v Lee [2019] HCA 28; (2019) 266 CLR 129 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; (2010) 243 CLR 319 Plaintiff S4/2014 v Minister for Immigration and Border Protection [2014] HCA 34; (2014) 253 CLR 219 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; (2012) 246 CLR 636
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