Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 141

Federal Court of Australia

Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 141 Appeal from: Ratu v Minister for Home Affairs [2020] FCA 1779

File number: NSD 12 of 2021

Judgment of: FARRELL, RANGIAH AND ANDERSON JJ

Date of judgment: 12 August 2021

Catchwords: MIGRATION – Migration Act 1958 (Cth) – appeal against decision of Federal Court of Australia – where mandatory cancellation of appellant's visa under s 501(3A) – where Minister made a decision under s 501CA(4) to not revoke the cancellation decision – where primary judge affirmed the Minister's non-revocation decision – whether Minister's failure to put the appellant on notice that a decision may be made contrary to Australia's international obligation under Art 12(4) of the International Covenant on Civil and Political Rights constitutes a denial of procedural fairness – whether Art 12(4) constitutes a mandatory relevant consideration – both grounds of appeal dismissed

Legislation: Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) ss 3(1), 8(1) and (3) Migration Act 1958 (Cth) ss 4, 6(2) (repealed), 14, 189, 196, 476, 476A, 499, 501 and 501CA Minister for Immigration, Citizenship and Multicultural Affairs (Cth), Direction No. 79: Visa Refusal and Cancellation under s 501 and Revocation of a Mandatory Cancellation of a Visa under s 501CA Explanatory Memorandum, Migration Amendment (Character and General Visa Cancellation) Bill 2014 (Cth) Convention on the Rights of the Child. Opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) Art 3 Convention Relating to the Status of Refugees. Opened for signature 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954) Art 33 International Covenant on Civil and Political Rights. Opened for signature 19 December 1996, 999 UNTS 171 (entered into force 23 March 1976) Arts 6(1), 7, 9(1), 12(1), 13, 14(6) and (7), 17, 21, 22(1) and (2), 23(1), 24(1) and 26