Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153 Appeal from: FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1124 CZW20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1380
File numbers: SAD 129 of 2020 NSD 1154 of 2020
Judgment of: ALLSOP CJ, KERR AND MORTIMER JJ
Date of judgment: 23 August 2021
Catchwords: MIGRATION – appeals dealt with together – review of decisions refusing to revoke visa cancellation – Tribunal and Ministerial decisions – whether decision-makers correctly understood and considered the role of non-refoulement obligations in the revocation decisions – whether jurisdictional error – whether previous decisions of Full Courts correct – appeals dismissed PRACTICE AND PROCEDURE – previous decisions of Full Courts – when a previous decision should be departed from
Legislation: Constitution ss 51, 76 Administrative Appeals Tribunal Act 1975 (Cth) s 42 Federal Court of Australia Act 1976 (Cth) ss 20, 24, 25, 26 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 5H, 5J, 5K, 5L, 5LA, 5M, 36, 65, 189, 196, 197C, 198, 499, 501, 501BA, 501C, 501CA Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth) Federal Court Rules 2011 (Cth) r 4.12 Migration Regulations 1994 (Cth) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature 10 December 1984, 1465 UNTS 85 (entered into force 26 June 1987) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) as amended by the Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967) Arts 1A, 33 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976)
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