Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 1) [2021] FCAFC 72

Federal Court of Australia

Trang (formerly named as AZL20) v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 1) [2021] FCAFC 72 Appeal from: AZL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1490

File number(s): WAD 255 of 2020

Judgment of: RARES, O'CALLAGHAN AND Wheelahan JJ

Date of judgment: 5 May 2021

Date of publication of reasons: 18 June 2021

Catchwords: MIGRATION – where Administrative Appeals Tribunal affirmed decision by delegate of Minister not to revoke visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) – where Tribunal required to apply Direction 79 in making decisions to grant, cancel or revoke a cancellation of a visa – whether Tribunal not required to take into account international non-refoulement obligations, in accordance with cl 14(1)(a) of Direction 79, because appellant conceded to Tribunal no such claim clearly articulated or supported by cogent country information but told Tribunal if visa cancellation not revoked he would be kept in immigration detention for lengthy period while he formulated protection visa claim and until Minister decided whether or not to grant it – whether Tribunal erred in failing to consider possible lengthy detention – held, dismissing appeal, no jurisdictional error

Legislation: Federal Court of Australia Act 1976 (Cth) s 37AG Migration Act 1958 (Cth) ss 36, 499, 501, 501CA

Cases cited: Applicant S270/2019 v Minister for Immigration and Border Protection (2020) 383 ALR 194 AXT19 v Minister for Home Affairs [2019] FCA 1423 AXT19 v Minister for Home Affairs [2020] FCAFC 32 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALJR 1088 Hong v Minister for Immigration and Border Protection [2019] FCAFC 55; 269 FCR 47 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Omar v Minister for Home Affairs [2019] FCA 279